The Samoa First party and an election candidate, who unsuccessfully contested the Faasaleleaga number 2 by-election in March, are suing two village councils.
The councils of Fogapoa and Tuasivi banished the party's unsuccessful election candidate, Lema'i Faioso Sione.
The banishment was the result of Lema'i not obeying the village councils' decision to support another candidate in the by-election.
The Samoa First party leader and lawyer, Unasa Iuni Sapolu, said their candidate's rights have been violated and the village councils' decision is unconstitutional.
"These are the blocks if you like, the walls against him and so this is our first effort at the Supreme Court as to what the court will say about the violation of the plaintiff's rights, constitutional rights"
The village councils' imposed a penalty of one hundred sows, or a fine of $US2,500 dollars when Lema'i Faioso Sione defied it.
The case will be called for mention on 3 June.