A court of first instance in Durres rejected a request on Tuesday by detained ethnic Greek Fredi Beleri to be provided leave to be sworn in as mayor-elect of Himare.
The prosecutor said the court did not have the jurisdiction to try the case. The presiding judge accepted the proposal, referring the case to a higher court.
Beleri, who has been held a few days before mayoral elections in May, is accused of voter bribery, which he denies. He will be remanded in custody to attend his trial on bribery before a special court on Thursday.