A man excluded from an election for chief of a Saskatchewan First Nation because he did not have a Grade 12 education has successfully fought to have a byelection called on the reserve.

Louis Taypotat, who is 75, challenged the exclusion in Federal Court after he was not allowed to run in the 2011 election on the Kahkewistahaw First Nation in southeastern Saskatchewan.

Taypotat's initial argument that he was discriminated against was unsuccessful, but the Federal Court of Appeal has ruled that the band's election rules violate the Charter of Rights and Freedoms.

The appeal court has also ruled that a byelection be held by Oct. 12.

Taypotat, who had served as band chief for 32 years, says he's running because people have asked him to.

The band council plans to appeal to the Supreme Court and is asking the Federal Court for a stay of proceedings, pending the higher court's decision on whether it will hear the case.