A legal challenge to United Bermuda Party Paget West candidate Patricia Gordon Pamplin's nomination is set to go before Supreme Court on Monday.

And last night Progressive Labour Party chiefs called on Mrs. Gordon Pamplin to stand down as a by-election candidate "to save unnecessary court time and the public expense entailed in a by-election''.

But UBP Shadow Legislative Affairs Minister and lawyer John Barritt said that the party would fight the claim -- and it is understood they have already hired a top lawyer.

Mr. Barritt added: "Obviously we're going to fight this thing. I heard they were calling on her not to run. It's cancelling elections -- it's incredible.

"It's their right to go to court if they want -- and we'll see them in court.'' PLP chiefs lodged a writ claiming Mrs. Gordon Pamplin, who sat in Senate, did not follow the rules on resigning before putting herself up for a seat in the House of Assembly.

The writ names Mrs. Gordon Pamplin, Parliamentary Registrar Marlene Christopher and the three returning officers at the nomination, Charles Gosling, Reginald Pearman and Oda Mallory, as the defendants.

And The Royal Gazette understands the Supreme Court hearing has been pencilled in for Monday -- just nine days before voters are due to go to the polls in Paget West.

A PLP spokesman said yesterday: "In light of the seemingly undisputed fact that the UBP candidate did not address a resignation letter to the Senate President prior to her nomination, she was disqualified from offering herself as an election candidate and her nomination ought to have been refused.'' The Royal Gazette reported on Tuesday that a Senator had to "resign by writing under his hand addressed, in the case of a Senator, to the President'' before they can be nominated to fight for a seat in the House of Assembly.

Senate President Alf Oughton confirmed he had received a faxed copy of a resignation letter from Mrs. Gordon Pamplin to Opposition leader Pamela Gordon on Monday -- after the nominations closed at 1 p.m.

The PLP spokesman said: "Clearly, Mrs. Gordon Pamplin was a Senator during the nomination period 11 a.m. to 1 p.m. on the sixteenth of March as she had not resigned in the manner specified by Bermuda's Constitution.

"Therefore, at the moment that she tendered her nomination papers, she was ineligible by virtue of the fact that she had not complied...

Editorial: Page 4 Talk show gag lifted: Page 8 UBP heads to court The spokesman added that the Parliamentary Election Act said Returning Officers should not accept nominations if a prospective candidate is an MP or Senator at the time.

The writ was lodged in the name of PLP backbencher Ottiwell Simmons -- a resident in the constituency.

Milligan-Whyte and Smith lawyer Ian Kawaley -- who has a background in Constitutional law -- will fight the case for the PLP.

The news came as Parliamentary Registrar Marlene Christopher moved to distance herself from the legal row.

And she corrected suggestions in the broadcast media that she had commented on the legality of Mrs. Gordon Pamplin's nomination.

A statement issued on Mrs. Christopher's behalf said: "She said in her response to reporters that the returning officers were satisfied with the nominations which they accepted.''