The move left the government in limbo, placing the governing in a 7-7 tie with the opposition Antigua Labour Party (ALP).
For a while it looked like the government would fall.
But High Court Judge David Harris granted an interim stay to the ruling United Progressive Party (UPP) that was handed down earlier by Justice Louise Blenman.
The ruling means that for now the government stays in office.
Attorney General Justin Simon told reporters the country's constitution is very clear what happens in such cases.
"The Constitution makes it very clear how the Governor General acts; that first of all the Governor General appoints the person who is the leader of the party with the majority of seats in Parliament.
“In the event that there is no such party, then the Governor General, acting in her own discretion will appoint the individual who in her opinion would command the majority of the elected persons in Parliament,” Simon told reporters, following the initial judgement.
Apart from Spencer the ruling affects Tourism Minister John Maginley and Education Minister Jacqui Quinn-Leandro.
In her ruling Justice Blenman referred to breaches in the process of their election, noting that the late opening of the poll on March 12, 2009 affected the outcome in the three disputed constituencies.
Simon said the business of government must continue, adding that he has advised the prime minister and the other ministers to go to work as usual on Thursday.
"There cannot be a void in respect of the governance of the country and that can not be accepted legally or politically," Simon stressed.
The ALP and its supporters are claiming victory.
“We are absolutely elated about this decision…this judgement is a seminal one,” ALP Chairman and Deputy Leader Gaston Browne told reporters.
He also said the opposition is reviewing the judgement with its lawyers as it contemplates its next move.
“Clearly, this is the first part of the victory and we’re going to take it home to make sure there is a change in government,” he added.
The opposition now has until April 16 to challenge the stay.
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