Federal cabinet minister Anthony Albanese expects Liberal MP Joanna Gash will face a legal challenge to her election as mayor of Shoalhaven City Council.
Ms Gash is quitting federal politics at the 2013 election to resume a career in local government.
In the meantime her roles as MP for Gilmore and Shoalhaven mayor will overlap.
‘‘It’s not a matter of the government having an issue, it’s a question of whether the constitution has an issue,’’ Mr Albanese told Sky News on Monday.
‘‘There’s a problem with being a local councillor at the same time as you’re a federal member of parliament.
‘‘I’ll be surprised if someone doesn’t take the ball up.’’
Mr Albanese said Labor previously had ensured local councillors resigned before running for federal office.
Legalities aside, Mr Albanese said he was surprised to hear Ms Gash was even attempting to do both jobs simultaneously.
‘‘Let me assure you (being a federal MP) is a full-time job,’’ he said.
‘‘The idea that you can represent a council area somewhere outside of Canberra and be doing your duties as a federal MP in this parliament is pretty extraordinary.’’