His lawyer, John Napu, will be seeking leave of the court today to review the decision of November 16, which allowed the petition to stay alive in the Court of Disputed Returns.
Kaupa filed a motion on Oct 18 seeking dismissal of the entire proceeding, claiming the petition was filed one day late.
The National Court ruled the petition was filed within the 40-day period after the declaration date and was on time.
The court said the public holiday on August 24 (National Repentance Day) does not affect the calculation as the petition was filed on the 40th day.
To file an election petition, it must be done within 40 days after the declaration date.
Kaupa was declared on July 28. Amaiu filed the petition on 6 September.
He is now seeking leave of the Supreme Court to review this National Court decision that was made by Justice Collin Makail on November 16.
(Member for Moresby North-East, John Kaupa, with his wife during his declaration)