Tuesday November 24, 2009
High Court: It’s the EC’s duty to hold polls for Kota Siputeh
By M MAGESWARI
KUALA LUMPUR: The Election Commission (EC) must hold a by-election for the Kota Siputeh state seat in Kedah within 60 days of the date the seat was declared vacant by the High Court last Monday.
This means that the EC will have to issue a writ of election by the deadline which is tomorrow.
The EC filed a fresh application at the Court of Appeal yesterday for a stay of the initial High Court ruling that the Barisan Nasional’s Datuk Abu Hassan Sarif is no longer the assemblyman, that the seat is vacant and that a by-election be held.
High Court (Appellate and Special Powers) judge Justice Alizatul Khair Osman Khairuddin said the commission had failed to show special circumstances for the court to grant a stay pending appeal.
“The court will be very cautious to grant a stay over constitutional duty conferred to the EC,” she said at the packed courtroom.
Justice Alizatul said the EC, through the Attorney-General’s Chambers, was not able to provide case laws which could assist her in deciding whether the court could stay the operation of the constitutional provision.
The judge noted that lead counsel Sulaiman Abdullah, who acted for the Kedah Speaker, had provided a persuasive case law of Chandrika Prasad vs the Republic of Fiji and an Attorney-General of Fiji case in 2000 to assist the court.
Justice Alizatul said in the absence of any other case law to support the right of the court to grant a stay against its order compelling the EC to call a by-election for Kota Siputeh, the court would not allow for such a stay.
“It is the constitutional duty of the EC to hold a by-election,” she ruled.
Justice Alizatul said she agreed with Sulaiman that financial considerations by the EC to hold a by-election were not tantamount to being special circumstance.
.
News Poll
- Man posted doctored photos of Nik Aziz
- Heartbreaking wait for mum
- The world just got bigger
- Sodomy II: Judge decision on recusing himself on Feb 18
- Opposition leaders decry court’s ruling
- Thumbs-up for Najib
- 5-0 for BN’s Zambry
- Saiful files report over death threat
- WWF: Orang asli being used
- Weather warning for Perak, Selangor and Sabah
- 60 lose RM25mil in gold investment scam
- Canberra to set new skills list
- Fleet card cloning ring busted with arrest of trio
- Sodomy II: Judge decision on recusing himself on Feb 18
- Toyota puts the brakes on problem
- MAS offers CNY bargains
- Man posted doctored photos of Nik Aziz
- Saiful files report over death threat
- WWF: Orang asli being used
- Manila joins hunt for Semporna gunmen
RSS
