Michael Foster, a former parliamentary candidate, will lodge the application at the high court on Thursday afternoon.
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Although it has no formal power, it is a symbol of the growing discord within the party as two MPs table leadership challenges.
He said: “It’s about the rule of law”.
Mr Callaghan stressed he could not support the “incompetent” Mr Corbyn as Labour’s leader because he does not believe he is capable of becoming prime minister.
“There were three bits of legal advice from different QCs, all of which were contrarian and none of the people in the room were unbiased in the view of that advice”.
Foster said he did not vote for Corbyn in the last leadership election but said the rules should not be bent to a particular political circumstance, and should be arbitrated by a neutral body.
But he told Today that he had chose to stand for the leadership after seeing a “dramatic collapse of faith and confidence in Jeremy” over “the last couple of weeks”.
This means that the outcome of the leadership contest could potentially be determined by which faction of Labour party supporters is more willing to part with £25: Corbynistas, or moderates who wish to see him removed. But the NEC’s decision to block the affiliated union route undoubtedly takes a major advantage away from the under-pressure leader.
Corbyn’s only challenger to date for the Labour party hotseat, Angela Eagle said in a tweet that she welcomed the contest ahead.
“But I think a lot of people I know are now saying to themselves, ‘It wasn’t the right decision.’ A lot of people are angry that they were quite clearly misled by the Brexit campaign”. They ruled that Jeremy Corbyn is automatically on the ballot paper. “Whoever emerges as leader, we have got to respect the decision of our members and unite behind them”. Meanwhile, staff at Ms Eagle’s office have begged for an end to the “violence” and “intimidating behaviour” they say she has faced since taking on Mr Corbyn.
There was now a “widespread belief now in the Labour Party that, whilst Jeremy is a good man with great Labour values who has done a lot for this party and changed the debate in this country about our economy and has been right about lots of things like anti-austerity, he is not a leader who can lead us into an election and win for Labour”, he said.
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Mr Smith said Labour members would now have “a chance to hear about how I would be a radical and credible leader of the Labour Party and how I can heal our party”.Corbynistas – says it is his fans that elected him that count and not the bulk of his elected members of parliament who want to topple him.
