Potape's lawyer filed the urgent application before the Waigani National Court on July 27.
This application was heard and refused this morning by Justice Derek Hartshorn.
The court was of the view that Potape's rights will not be affected if the orders he is asking the court for is not granted.
However he still has the right to file an Election Petition on the alleged error of the electoral process.
Potape went to court claiming the declaration of member elect, Philip Undialu was flawed following the elimination of Dr Hamia Hewali.
He claimed that he had reached the absolute majority after the 19th elimination but figures on the tally board were allegedly changed.
He asked the court to nullify the writ that was presented to the Electoral Commissioner and further asked if it be restrained from being presented to the Head of State today.
The court refused the application.