Electoral Commissioner Patilias Gamato said Moka Havara will be referred for investigation once the electoral process is completed.
He described the incident on Thursday at the Airways hotel as unfortunate.
Havara could not be located on Thursday morning to declare Sir Mekere Morauta after he surpassed the absolute majority.
The announcement was made at 9am but the declaration took place three hours later.
He was however at Airways declaring Joseph Tonde as member elect.
In his absence, Bale Kavanamur was appointed returning officer and he declared Sir Mekere at the Rita Flynn court.
Commissioner Gamato said he has recognized the declaration of Sir Mekere and accepted his writ on Friday morning.
“The other declaration is illegal,” he added.
Sir Mekere polled 14,007 votes, passing the absolute majority of 12,918. Runner up with Independent Lohia Boe Samuel got 10,468 while Joseph Tonde finished third with 9,718 votes.