The leader of the PNG Party, Belden Namah, has launched a legal bid to restraint Papua New Guinea's parliament from convening tomorrow to elect a Prime Minister.
After his People's National Congress emerged from the general election as the party with the most MPs, Peter O'Neill has been invited by the Governor General to form the next government.
Mr O'Neill appears to have the support of various political parties to lead a coalition government.
However at least three of the 111 MPs haven't been declared yet as the deadline for the return of writs for three regional seats was extended until next Wednesday.
Mr Namah says under the constitution parliament is not supposed to sit until the complete election writs are returned.
"I don't know why Mr O'Neill is rushing when he is boasting that he's got the number (majority of MPs) in Alotau. he should not be feeling insecure. He should be secure and he should adhere to the constitution of our country. And the way that things have been rushed, it's denying the population whose electorates have not yet been declared their rights to elect the Speaker and the Prime Minister, their constitutional right."
The Chief Justice Sir Salamo Injia is set to chair Parliament's first session.