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THEBACHA/FORT SMITH - The Salt River First Nation byelection for two band council positions is going ahead, despite another election to fill four seats is only two months away.

The byelection was called after Mike Beaver and Chris Bird were booted out of the band council back in February, following disagreements with council, headed by Chief Frieda Martselos.

Toni Heron, Kendra Bourke and Ronnie Schaefer are vying for the two positions.

An advance poll was held Wednesday with the byelection date set for April 20.

Beaver, who said he would run for reelection, is not on the bill because he was prohibited from doing so.

"I couldn't because it was my byelection," he said.

"But there is going to be another (election) here, so I'm going to run for that one."

The election Beaver is referring to was called when Edmonton-based arbitrator, Kate Hurlburt, ruled Martselos violated the band's election regulations during last August's band election.

An appeal was filed by David Poitras - who lost to Martselos in the election - Toni Heron and Raymond Beaver, claiming their reputations were defamed during the campaign.

Hurlburt's ruling was handed down on March 30, and called for an election for the position of chief and three councillors to be held within 60 days.

Following the decision, Martselos told News/North she would appeal the ruling. She has not returned further calls for comment.

Beaver doesn't know on what grounds Martselos is appealing.

"Our election code says when (a decision) goes through an arbitrator, it's final. So I don't know where she's coming from," said Beaver.

David Rolf, a lawyer representing Martselos, said a formal application for appeal on the arbitrator's decision was filed with a federal court on April 3, "to review it and determine whether it is correct or not."

"Obviously, we say it's not," he said.

Rolf said Martselos' appeal does not put a freeze on the election though, adding he hoped the appeal would be reviewed and a decision made before the 60-day timeframe.

In the spring of 2004, the Salt River First Nation adopted its own customary election regulations to guide its democratic elections.

Beaver said he wanted to know why Indian and Northern Affairs Canada has not stepped in to send an official to manage the office after the arbitrator's ruling.

"We're going by our law. Indian Affairs were the ones that told us to put this election code together after the things happened in 2003 and now they don't want to honour it," he said.

Rolf sees it differently.

He said it was his view the chief and council take office immediately after they are declared elected and hold those positions until a new chief and council is chosen.

"There is a difference of opinion but I think that's a logical interpretation of the law," he said, adding the other view creates a situation that's "absurd."

George Cleary, director of Indian and Inuit services with INAC, said the department is waiting to see what the courts decide with regard to the legitimacy of Martselos remaining as acting chief.

He said the election date could also be affected by the appeal.

"The appeal may delay the deadline," he said.

Cleary said the department does not have plans to set anyone up to manage the band in the interim.

Beaver said presently the council only has one member - Delphine Beaulieu - while it's normally comprised of six councillors and one chief.

"I bet our ancestors are rolling in their graves with what is going on right now," he said.

Beaver attended a byelection candidate's forum last week and said all three candidates pledged to work with each other and the new chief.

"That's what we are supposed to be doing," he said.

As of Thursday, no date was set for the election for chief and the three councillor positions.