A referendum on Independence could be held before the next General Election if a lawyer wins his legal argument against the Government.

Attorney Philip Perinchief has issued an originating summons in the Supreme Court asking that the 1995 referendum should be declared null and void.

And he says that, if the court rules in his favour, the Government will be obliged to hold another referendum.

Mr. Perinchief claims that referendum, held on August 16, was unconstitutional because it was put back by one day due to a hurricane.

Describing himself as "a disgruntled and interested voter'', Mr. Perinchief said Parliament should have been recalled and a fresh date set for the referendum.

He has also implied that then-Governor Lord Waddington acted unconstitutionally by not instructing the Premier to recall Parliament.

The summons, which was issued yesterday, is against the Governor, Premier Pamela Gordon, the Minister for Home Affairs, the Attorney General and the Parliamentary Registrar.

It reads in part: "Whereas the Independence Referendum 1995 was postponed by the defendants and/or officials acting under them from the gazetted, official and appointed day of August 15, 1995 to the next following day, a day not sanctioned, determined or supported by constitutional law, common law convention or statute existing at that time: that this honourable court determine and adjudge in law that the referendum was and is illegal, invalid and is now declared null and void''.

Mr. Perinchief says that the findings of the Commission of Inquiry, set up to examine the reasons for the referendum being delayed, also back up his argument.

The Commission's report says: "He (The Governor) had consulted the Attorney General and it was clear that the date for the referendum could not be altered without Parliamentary approval''.

Although the legislation was amended in 1997 to allow for elections to be postponed because of natural disasters, Mr. Perinchief said that because the amendment act is not retroactive, it cannot be used to defend the delay in the 1995 referendum.

Mr. Perinchief urged the public to vote for Independence at the last referendum and has also publicly declared that full British citizenship would be the "death knell'' for the Island.

But last night he denied he was muckraking.

"Either we are going to do things in a legal and constitutional manner or we are not and certainly the Government should be setting an example,'' he said.

"Sweeping things under the carpet is not the proper example that high ranking officials should be setting. It's not a question of muckraking or causing trouble, it's a question of exposing deficiencies in the system.'' Mr. Perinchief said a Referendum could be held at the same time as the next General Election, which would save time and money. The five defendants now have 14 days to reply to the summons before a date for a hearing is set.

Last night Premier Pamela Gordon could not be contacted to discuss the matter.