Member for Moresby North-East, John Kaupa, is alleging the election petition that was filed by Labi Amaiu disputing his election was filed late in the National Court.
His lawyer, John Napu, filed an application on Oct 18 seeking dismissal of the entire proceeding, claiming it was filed one day late.
Kaupa was declared on July 28.
To file an election petition, it must be done within 40 days from the declaration date. That 40-day period, according to Kaupa, ended on September 5.
Amaiu filed the petition on 6 September.
Presiding judge Collin Makail said that is a ground for objection on the competency of the petition, but Napu submitted that it is a matter for the court registry to check if the petition was filed outside the 40-day period, and is a matter which must be rectified in court.
The court will deal with this application on Nov 6 and make a ruling on it.
(Member for Moresby North-East, John Kaupa)