Kumbakor filed the petition on August 30, disputing Joe Sungi's re-election as Nuku MP.
Sungi was declared member elect on July 20th.
His lawyer filed a motion, objecting the petition saying it was incompetent because it was filed late.
The two issues brought to court in that motion was that two public holidays fell between that period of declaration and the date the petition was filed.
The public holidays were Remembrance and Repentance day respectively.