Band members from the Kahkewistahaw First Nation will decide on Friday whether they will ask the Supreme Court of Canada to rule on their election act.

The Federal Court of Appeal ruled it was unconstitutional and ordered a new election for chiefs which was held over the weekend.

At issue is  a portion of the act that prevented 75 year-old Louis Taypotat from running in 2011  because he did not have a high school education.

Louis Taypotat challenged the law and won.

He then ran in the election and won.

Now he will sit on the sidelines as the four band members vote on whether or not they plan to take their legal challenge to the Supreme court.

Taypotat will excuse himself from Friday’s vote because it puts him in a conflict of interest,  but he has strong feelings about which way it should go.

“Yah,  it is time to carry on,   never mind this other stuff that’s there,  it’s down the road,    and it is costly thing if you are going to the Supreme Court,  that will cost a lot of money.”

It was an unusual election,  that pitted Louis Taypotat,   who has served as chief of the Kahkewistahaw first nation for 32 years against his nephew Sheldon,  who was the sitting chief when the election was called.

Louis says there were no hard feelings over the vote.

“We had a chat and he said you beat me fair and square so that is a good comment.

Louis Taypotat has been very busy since Saturday’s election.

He was sworn in yesterday and attended his first band meeting as the new chief.

Today he is in Yorkton for a meeting of the Yorkton tribal council.

He says he has a lot of work ahead of him.

“We have got to deal with the first nation,   it is sick right now,  but I want to see it back in one piece you know, as one.”

Louis Taypotat also has to think about getting ready for the next band election which could be held in as little as six months.

He says he won once, proving it can be done,  and he says he is confident he can win again.