Published: Friday October 30, 2009 MYT 5:13:00 PM
Kedah Speaker gets to file for review of EC decision
KUALA LUMPUR: The High Court here on Friday granted leave to Kedah State Legislative Assembly Speaker Datuk Dr Abdul Isa Ismail to file for a judicial review of the Election Commission’s decision to retain Datuk Abu Hassan Sarif as the Kota Siputeh assemblyman.
Justice Datuk Alizatul Khair Osman Khairuddin held that the judicial review application was not vexatious and there was a serious issue to be tried.
She also ordered Dr Abdul Isa, who was present and represented by counsel Sulaiman Abdullah, to file the application within three days to enable the case to be heard before Nov 17.
Earlier, Sulaiman asked the court to hear the application before the next state assembly sitting, scheduled for three days beginning Nov 17.
Sulaiman submitted on Friday that Abu Hassan had failed to attend two consecutive meetings of the Kedah State Legislative Assembly on April 19 and Aug 9 this year.
“Article 51 of the Kedah State Constitution provides that if any member of the state legislative assembly is absent from the assembly without the leave of the Speaker for two consecutive meetings, his seat shall become vacant.
“Prima facie, Article 51 in this case seems to be satisfied,” he said.
Dr Abdul Isa filed the suit at the High Court (Appeals and Special Powers Division) registry on Oct 1, naming Abu Hassan of the Barisan Nasional and the Commission as respondents.
He is seeking a declaration that Abu Hassan is no longer the assemblyman for the Kota Siputeh seat following his failure to attend two consecutive sittings of the state assembly, and an injunction to stop him from carrying out his duties as a state assemblyman.
He also wants the court to declare the seat vacant and order the Commission to call for a by-election besides seeking damages, costs and other relief.
On Sept 1, the Commission decided that there was no vacancy in the Kota Siputeh seat and that Abu Hassan was still the assemblyman. The case will be mentioned on Nov 6.
Senior federal counsel Suzana Atan appeared for the Commission while Dr Abu Hassan was not represented. -- Bernama
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