Ulster Unionist leader Mr David Trimble remained on course tonight to return as Northern Ireland's First Minister despite attempts by rival unionists to undermine his election.
The Rev Ian Paisley's Democratic Unionists failed in a Belfast High Court bid to force the government to announce a swift Assembly election.
However, they and their anti-Belfast Agreement colleagues succeeded in delaying the election of First and Deputy First Ministers in the Assembly by 24 hours by lodging a petition of concern with the Speaker.
In Belfast High Court, Mr Justice Brian Kerr dismissed the DUP's application for a judicial review despite their lawyer's claim that a fresh election should have been called by Northern Ireland Secretary Dr John Reid when the deadline for the election of new First and Deputy First Ministers expired at midnight on Saturday.
A lawyer acting for Dr Reid acknowledged "in the light of events that have occurred he is under an obligation to propose a date for the poll for the election to the next Assembly".
The judge accepted his argument that the date when an election was called and the date of that election was at the discretion of the Northern Ireland Secretary.
Dr Reid welcomed the ruling, expressing confidence that he had "acted at all times within the law".
The DUP insisted it had won a major concession from the government in the court - an acceptance by Dr Reid he was obliged to call elections.
They vowed to continue to rigorously pursue Dr Reid in the courts to make sure an election was called.
Deputy leader Mr Peter Robinson declared: "We have confidence that the law requires the Secretary of State to propose a date for an election.
"We have confidence that is his legal obligation and he recognises it to be his legal obligation and on that basis the court is not prepared to take any action against him. If he delays inordinately in doing so, then we will be back in court and the Secretary of State once more will have his hand forced."
Mr Trimble and incoming SDLP leader Mr Mark Durkan's bid for the two top posts in the Stormont Executive is expected to succeed tomorrow.
PA