A Wigan politician's legal campaign against the council over his exit from the chamber goes on.
Steve Jones heard a top judge say today (Thursday) that he gave permission for judicial review.
However, he and his associate Gareth Fairhurst were not successful in getting next week's Bryn by-election stopped.
Mr Justice Kerr said he was "reluctantly" and "with considerable disquiet" allowing voters to go to the polls on February 22.
He said returning officer Donna Hall needed to be heard in court or be officially involved in the case.
A last-ditch bid by Wigan Council's barrister to get the permission decision referred to the Court of Appeal was refused, with Mr Justice Kerr saying he thought that had no realistic prospect of success.
Earlier the judge said that, from what he had heard so far, Mr Jones had not resigned as an elected representative last month as the town hall claimed he had.