The Democratic Labour Party (DLP) is launching legal action in the High Court in a bid to have Ballarat based Senator John Madigan evicted from the Australian Parliament.

Senator Madigan quit from the DLP in a shock press conference last week, saying he was being undermined by members of his own party and would serve the rest of his term as an independent Senator.

National President of the Democratic Labour Party Paul Funnell today revealed his party is launching legal action to have Senator Madigan removed from office.

"We are challenging the validity of former Senator Madigan to continue to sit in the Senate, because we believe the seat is vacant," Mr Funnell said.

An amendment to Section 15 of the Australian Constitution made in 1977 states that if a senator vacates their position in parliament, a replacement should be chosen from the party they were elected under.

Mr Funnell said he had sought legal advice on the constitution and believes he has sufficient grounds to bring a landmark court action to test this part of the constitution.

"It is very dramatic action, but it is a democratic action. It's the correct action to right a wrong and serve justice to the people of Victoria."

Paul Funnell said he has drafted a letter to Victorian Governor Alex Chernov to advise him that the party will nominate a delegate to fill the Victorian Senate seat occupied by John Madigan.

This case would be a landmark test that could have significance for all senators in the Australian parliament, Mr Funnell said.

"It's important for every voter in Australia from this day forward, to remember: if I put that tick above the line, am I voting for the individual or am I voting for that party?"

"The majority of people I have ever spoken to believe they are voting for that party," he said.

Mr Funnell said he is still appealing to the now independent Senator John Madigan to return his calls.

"I ring John every day and leave a message simply asking him to ring me. He has never returned my phone calls."

"Please ring me, and give the seat back to the people, give the seat back to the DLP where it belongs."

Senator John Madigan declined an invitation to comment.