FLAGSTAFF, Ariz. (AP) – A Navajo judge has ordered the director of the tribal elections office to stop accepting applications for seats to an 88-member Tribal Council.

Navajos voted overwhelmingly last year to cut the council from 88 delegates to 24. Elections director Edison Wauneka said he went forward with 88 delegates because the election has not been certified, a reapportionment plan has not been approved and an election grievance is pending.

Tribal member Eddie Arthur sued Wauneka this week, saying he has thwarted the will of the people and asked a judge to issue a temporary restraining order to halt the election process for 88 lawmakers. The request was granted late Tuesday night.

“It's the people's voice, and it's not up to the elections administration or the board of election supervisors,” Arthur said Wednesday. “The people voted on it, so we don't have a choice.”

Window Rock District Judge Carol Perry also ordered Wauneka to refrain from following the advice or opinions of the chief legislative counsel if it conflicts with that of the attorney general or the Navajo courts. The elections office is under the legislative branch.

Attorney General Louis Denetsosie issued an opinion nearly two years ago saying that citizen-led ballot initiatives require a simple majority to pass. Legislative Counsel Frank Seanez countered with a memo saying they required a majority vote in each of the tribe's 110 precincts.

The council has since voted to give the chief legislative counsel the authority to issue legal opinions.

Perry set the matter for a hearing on May 7, but the issue may be moot by then. The Navajo Nation Supreme Court is scheduled to hear an appeal on an election grievance next Tuesday that contends last December's election was invalid.

Some involved in that case have asked that the justices consider all issues related to the election to keep the implementation of 24 delegates from being delayed any further.

Wauneka began accepting applications for candidates to the Tribal Council on Feb. 4 but said few have applied. The deadline is May 5.

The tribe holds its primary election on Aug. 3 and the general election on Nov. 2.

Wauneka said he instructed his staff Wednesday to stop accepting applications for council seats. A day earlier, he said he had no authority to implement the election for 24 delegates without a court order. The council still has to approve a reapportionment plan, and the board of election supervisors must certify the election results, he said.

Of the lawsuit, Wauneka said, “I don't think they should come in midstream and try to put a stop to something that's already in motion. They talk about confusion. They are just going to confuse the people with this.”

At a news conference Monday announcing the lawsuit, Arthur said Wauneka does not have the authority to disregard the election. Arthur, 75, helped gather signatures for the initiatives on the December ballot, which also included line-item veto authority for the tribal president.

“It is my hope that with the prayer and support of Navajo Nation people, this lawsuit will prevail so that we may elect 24 members to the Navajo Nation Council this year,” Arthur said.