The Member of Parliament-elect for Abuakwa South who has been leading the NPP legal team, Ata Akyea, said the EC would be in contempt of court if it goes ahead to conduct the election in Tain.
He was speaking to Joy News Editor Matilda Asante after he failed to secure a court order to restrain the EC from declaring a winner for the presidential election.
Ã¢â‚¬Å“When you have a pending application for interlocutory injunction you should not go ahead and disobey what is about to be decided,Ã¢â‚¬Â he said.
Although Mr Akyea claimed the Chairman of the EC Dr Kwadwo Afari-Gyan had been served a copy of the writ, officials of the commission have denied receiving a copy.
Meanwhile a law lecturer at the University of Ghana Ramond Atuguba disagrees with the Mr Ata Akyea.
Dr Atuguba said the EC would not under any circumstance be in contempt of court as the Supreme Court is yet to give or deny the order for the interlocutory injunction being sought by the ruling party.
Mr Atuguba said an intention to file a writ does not necessarily command an order for a suspension of a process. He said the courts must decide.
Voters in the Tain constituency are billed to cast their ballot today Friday to climax the knife-edge presidential election run-off.
The constituency in the Brong Ahafo region could not participate in the December 28 elections because of inadequate ballot materials.
Campaigning in Tain had been prioritised by the NDC, officials of the party have said.
Ahead of the elections, reports indicate that only officials of the opposition National Democratic Congress (NDC) have been campaigning. Former President Jerry Rawlings, NDC presidential candidate Prof. John Mills and other bigwigs of the NDC were not missing in the last-minute campaign.
The ruling New Patriotic Party (NPP) has asked its supporters in the constituency to boycott the election citing insecurity.
Communications Director of the Akufo-Addo campaign team said there is too much insecurity for the election to go ahead.
Luv FM correspondent Elton John Brobbey reported on Friday that although officials of the Electoral Commission were set to conduct the elections in the constituency, party agents of the NPP were visibly missing.
Story by Fiifi Koomson