The delay has been attributed to the Elections Commissioner not responding to Kategoda's wish to resign and make way for Fonseka.
The Elections Commissioner is also said to be awaiting a response from the Attorney General's Department.
kategoda told srilannkamirror he is only waiting for a response from the Attorney General's Department in writing to vacate his seat in Parliament.
At the last General Election, General Fonseka was elected a Member of Parliament contesting under the Democratic National Alliance (DNA) but was prevented from sitting in Parliament after the Rajapaksa government stripped him of his civic rights.
The seat was thus given to Kategoda after JVP member Lakshman Nipunaarachchi who was second on the preferential vote list after Fonseka,
refused to accept the seat.
Kategoda polled the third highest number of preferential votes.
Kategoda further told srilankamirror that should there be any legal snags, he will not resign his seat and support President Maithripala Sirisena's government.