Kaupa filed an application on Oct 18 seeking dismissal of the entire proceeding, claiming the petition was filed one day late.
Today the National Court refused that application, allowing the petition to stay alive because it was filed on time.
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.
Justice Collin Makail, in giving his ruling on the motion, said the petition was filed within the 40-day period after the declaration date.