Elections for a new Kyrgyz president can legally go ahead whether deposed leader Askar Akayev formally resigns or not, the Central Asian state's top judge said on Saturday. The statement by constitutional court head Cholpon Bayekova took some of the heat off the country's post-coup leaders who have been under pressure to allow Akayev back home to tender his resignation. Acting leader Kurmanbek Bakiyev has said Akayev should remain in exile in Russia, where he fled after last week's uprising, since the government might not be able to protect him from public anger. "Because the government cannot guarantee his security as Bakiyev has said, parliamentarians intend to have a notary certify his declaration of resignation and bring it to Kyrgyzstan," Bayekova said. "But if he doesn't write this statement, elections will be held anyway. The election will be held on (June) 26, declaration or no declaration." Legally, Akayev should resign before parliament and then deputies would vote on holding new elections, but Bayekova said she had to "take into account the reality that there is a danger to his life" in taking her decision. Akayev has offered to resign if he is allowed home and given security guarantees. Foreign mediators have urged the new leadership to negotiate with the deposed president.