"These people have acted contrary to law so I am very confident we will get the declarations we want," Tevita Fa, Qarase's lawyer, said by telephone from the capital, Suva. Supporting affidavits for the case were filed in court at 3 p.m. Suva time, Fa said.

Commodore Voreqe Bainimarama, Fiji's military chief, overthrew Qarase's government on Dec. 5, accusing the administration of corruption. Bainimarama, who appointed an interim prime minister in January, said last month his administration could rule for up to five years before it holds elections.

Fiji's fourth coup in 19 years prompted the U.S., Australia and New Zealand to cut defense ties. New Zealand's government said it won't give any support or moral recognition to the interim government and will adopt a "wait-and-see" policy on whether Bainimarama returns the South Pacific island nation to democracy by holding elections.

Rightful government

The court's ruling won't compel the caretaker government to stand down and bring about Qarase's reinstatement, said Fa, who is a constitutional lawyer.

"All we can do is get the court to declare what the law is and who is the rightful government," he said. "Then we look to the international community to put pressure on the current administration to hold elections. We can't force them out."

The military won't comment on the court action before "we see whatever has been filed," Maj. Neumi Leweni, Bainimarama's spokesman, said Jan. 18, after Qarase announced his intention to go to the High Court. Telephone calls to a military spokesman in Suva late today weren't answered.

The court action is filed on behalf of Qarase, five former members of his Cabinet and the president and administrator of his Soqosoqo Duavata ni Lewenivanua, or SDL, party.

"Everything after Dec. 5th, everything is illegal and unconstitutional and we want it declared null and void," Fa said. Bainimarama's overthrow of the government and his appointment as prime minister by President Josefa Iloilo "were and are unlawful and unconstitutional," he said, citing documents handed to the court.

President reinstated

Iloilo was removed as president by the military on Dec. 5 and then reinstated in early January. A short time later, he voiced his support for the coup and appointed Bainimarama interim prime minister and then swore in an interim Cabinet.

The court action is being taken against Bainimarama, the Fijian military, the Republic of the Fiji Islands and interim Attorney-General, Aiyaz Sayed Khaiyum, said Fa.

Qarase and his co-plaintiffs want the court to declare that the interim government's "de facto control of the country is imposed and inspired by force of arms and not by popular acceptance," Fa said. They want any decisions or actions undertaken by the caretaker administration declared "unlawful and void."

They also want a declaration that Qarase remains the lawful prime minister and that his Cabinet and appointees form the "constitutional government of Fiji," Fa said.