This follows a resolution passed in the Senate two weeks ago for the Senate to seek guidance from the Supreme Court on their status.
The claim was filed on behalf of the Clerk, by attorney -at-law Michael Hylton.
Williams, Tufton and the two men who replaced them, Dr Nigel Clarke and Ruel Reid have been named as respondents in the claim that is to be served on all the respondents, including the Attorney General .
The Clerk is asking the Supreme Court to determine whether Williams and Tufton are still Senators in accordance with the Constitution or whether Clarke and Reid should remain in the seats.
The application made for declaratory relief under the Constitution is set for hearing next Tuesday.
On that day, an application will be made for Opposition Leader Andrew Holness, to be joined in the matter.
On February 13 the Senate passed a resolution for a final determination on which Jamaica Labour Party (JLP) Senators are duly appointed to the Senate.
Williams and Tufton reclaimed their seats in the Senate after the Constitutional Court ruled that the Opposition Leader acted unlawfully in removing them by using pre-signed resignation letters.
Meanwhile, Hylton says the Opposition Leader is being joined in the matter to give him an opportunity to defend his actions
He added that the Senate has taken the right course of action despite criticism from legal experts who insist that the ruling of the Constitutional Court is final.
In the meantime, Williams has rejected a proposal JLP leader Andrew Holness on a possible solution to the impasse.
Holness has suggested that the matter could be settled by any of the affected parties offering a letter of resignation.
Holness who was a guest on the morningTVJ television programme Smile Jamaica, says the matter could be settled by any of the affected parties offering a letter of resignation.
“We want them to be senators, I have no ill will or malice. But there is a simple solution – everyone who wants to be senators, could submit their letters of resignation and I reappoint them – and the matter is closed,” Holness declared.
In addressing calls for his resignation, in light of the court ruling that the use of pre-signed letters of resignation to remove both men from the Senate was unconstitutional, Holness said he had taken responsibility for what transpired but he does not agree with calls to resign.
“You know I looked at it carefully because more than anything else I have to preserve my integrity - it was an after the fact decision, I didn’t go in with the intension of breaching the constitution. I didn’t do it out of ill will or malice, so my conscience is clear.”
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