An ex-MP could be set to mount a surprise legal challenge if Opposition MP Ewart Brown retains his Warwick West seat at the upcoming General Election.

United Bermuda Party former MP Sir John Sharpe -- beaten by Dr. Brown by a handful of votes in the 1993 polls -- may swoop on the issue of Dr. Brown's eligibility to sit as an MP while being a US citizen.

And the move could mean a victory celebration for Dr. Brown being put on hold while his position under the Constitution is thrashed out in the courts.

The Royal Gazette understands that Sir John, with UBP stalwart Colin Benbow and possibly with advice from ex-Solicitor General Barrie Meade, may be considering legal action.

It is believed they have had talks on a bid to have Dr. Brown sitting in the House of Assembly ruled illegal.

And they could be poised to strike if Dr. Brown holds his seat at the General Election -- now likely to be held in October at the earliest.

But last night Sir John was staying tight-lipped over possible plans to have Dr. Brown declared ineligible to sit as a Bermuda MP.

Sir John said: "Colin and I have talked about whether something would or could be done but that's as far as it's gone.'' Neither Mr. Benbow or Mr. Meade could be contacted for comment last night. Dr.

Brown did not return a call from The Royal Gazette .

Sir John -- who once served as Premier of the Island -- lost his seat narrowly to newcomer Dr. Brown five years ago.

The ex-Warwick West MP hit the headlines last year after he retained the services of a top barrister in London to give an opinion on whether Dr. Brown could be an MP.

Dr. Brown -- Bermudian-born, but a long-time US resident -- swore allegiance to the US flag in 1990.

UK constitutional lawyer Michael Beloff QC prepared a legal opinion on the issue a year ago.

He said Dr. Brown could face up to two years in prison and a fine of $1,000 for taking his seat.

And Mr. Beloff said the chances of Dr. Brown being found guilty were -- on the face of it "reasonable.'' Eligibility may spark challenge He added -- if convicted -- Dr. Brown would be put in a position where his seat could be lost.

But Mr. Beloff stressed the "key question'' was one of fact -- whether Dr.

Brown knew he was disqualified or not through the clause in the Bermuda Constitution which forbids anyone holding "allegiance, obedience or adherence'' to a foreign power or state.

Mr. Beloff's opinion said: "Dr. Brown certainly knew that he had taken the US oath of allegiance on becoming an American citizen. But knowledge of the circumstances which make the offence unlawful is not the requisite knowledge.'' Dr. Brown has admitted he knew of the Constitutional bar -- but insisted he had sought a legal opinion and he had been advised his US citizenship was not a problem.

Later bids by PLP MPs to have the clause dropped from the Constitution were defeated.

The Constitution says any MP, anyone registered as Warwick West elector or the Attorney General could take the case to court.