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NUNAVUT - Former Nunatsiaq MP Jack Anawak has lost his appeal to run in the upcoming territorial election.

Anawak wanted to be a candidate in the riding of Akulliq, but was disqualified when Elections Nunavut ruled he was not a resident of the territory.

The ruling was upheld in a decision released Oct. 7 by the Nunavut Court of Justice.

A lawyer for Anawak said they were disappointed with the judge's decision.

"Whether he deserved to be elected or not, it should have been up to the constituents to decide. He should have had the opportunity to run," said Steven Cooper, who represented Anawak in his appeal.

Cooper argued that Anawak had only lived in Ottawa, Ont., temporarily, while attending school or holding jobs with a Nunavut link, and that he had maintained property in the territory.

He also pointed to Anawak's history in the creation of the Nunavut Land Claims Agreement.

"We don't suggest that Mr. Anawak should be put on a pedestal...we are saying that his history is not consistent with a decision to remain (in Ontario). It's not likely he would want to give up something he helped to create," Cooper said.

Patrick Orr, a lawyer for Elections Nunavut, argued that Anawak's tax return for the period ending on Dec. 31, 2007, had been filed with an Ottawa address, and that he was still receiving mail at the address in August.

"Residence is a simple physical concept," he said.

To have qualified to vote or run in the Oct. 27 election, Anawak would have had to establish a residence in Nunavut before that date of the previous year.

Anawak moved to Ottawa in 2003 when he was appointed the Ambassador of Circumpolar Affairs by the Government of Canada.

When this term ended in 2006, he remained in Ottawa and decided to go back to school. He applied for the Financial Assistance for Nunavut Students (FANS) program, and did satisfy the requirements of FANS for Nunavut residency.

His course in business administration was completed January 2008.

"I find it difficult to interpret the four-year stay in that city as a temporary absence," wrote Justice Earl Johnson in his decision.

Anawak's phone number is listed in Iqaluit, where his wife lives and works. He could not be reached for comment, although a family member confirmed he was currently in Repulse Bay.

Following the appeal, voters in Akulliq have been told they must wait a little longer to cast their ballots at all.

The election has been cancelled in that riding, and a new writ will be issued for candidates.

Steve Mapsalak, John Ningark and Marius Tungilik had previously declared their intentions to run in Akulliq.

Tungilik said he is not worried about the delay, but is worried about a lack of representation in the Legislative Assembly when it reconvenes.

"My only concern is the selection of premier after the general election. I'm hoping that the house will consider the circumstances under which we are now in, and wait for all the members to be present," he said.

There is a minimum 35-day election period following the issuance of a writ.

As of last week, it was still not clear whether the writ could be issued before Anawak's second case - a constitutional challenge - is heard, according to chief electoral officer Sandy Kusugak.

Anawak will be back in court this week, when his lawyer argues that his client's exclusion from voting is contrary to the Canadian Charter of Rights.

"Our argument is that our client's right to vote has been removed," Cooper said. "If the Elections Act gets in the way of that superior law, then (it) is wrong."

A date of Oct. 14 has been tentatively set for this argument.