Last month's declaration, affecting prime minister Bob Loughman and 18 members of his coalition, was challenged in the court where Justice Oliver Saksak deferred to the former speaker's ruling.
However deputy prime minister Ishmael Kalsakau said the government believes the judge misdirected himself with his interpretation of article 54 of the constitution.
Mr Kalsakau said the government argue there's only one institution that has jurisdiction to determine whether or not a member of parliament has vacated their seat and that is the Supreme Court.