Migrante Sectoral Party (MSP) said Wednesday that their fight to get a representation in Congress is not over yet and vowed to bring the case up to the High Tribunal.

After having been delisted by the Commission on Elections (Comelec), the MSP is now gearing up to the challenge of the electoral body by planning some legal moves and protest actions in the coming days.

“This will definitely end up with the Supreme Court. We believe there was really conscious and orchestrated effort to deny genuine organizations like us our right for representation in Congress,’’ Connie Bragas-Regalado, MSP chairperson said.

Comelec has set the filing of manifestations of intent to participate in the 2010 partylist election on November 20.

The MSP, along with 26 other party-list groups had been taken off the Comelec list of participants in next year’s polls because "it failed to get at least two percent of the votes cast in the 2004 and 2007 elections.''

With few more days left, Regalado said it will be next to impossible to let the Comelec change its mind and recall en banc resolution no. 8679 it issued last October 13 delisting all 26 party-list organizations. She described the Comelec resolution as “unfounded, downright illegal and outrageous.’’

She reiterated that her group has not participated in the May 10, 2004 election since it failed to get two per cent of the votes, and did not also join in the May 14, 2007 election.

The Comelec's resolution, Regalado said "not only denied Migrante its right to due process, but also deprived the over 10 million overseas Filipinos and their families of their much deserved right to genuine sectoral representation.''

Last week, the Comelec also threw out the petition for accreditation of "Ang Ladlad Party-list", a gay group, citing verses from the Bible and the Koran. Comelec’s delistment of “Ang Ladlad’’ was purportedly to “protect the youth from moral and spiritual degradation’’ that is being advocated by the group.

Comelec also denied Samahang Magdalo’s petition for accreditation as Political Party, saying that their leaders and members remain “unrepentant" and still "harbor the propensity to engage in another illegal adventure" similar to the so-called Oakwood mutiny.

MSP said the Comelec appears to have delisted only those organizations that were highly critical of the Arroyo government.