Saturday November 7, 2009
Hearing of Kota Siputeh rep’s application on Nov 12
KUALA LUMPUR: The High Court will hear an application by Kedah Speaker Datuk Dr Abdul Isa Ismail to challenge the Election Commission’s decision to retain Kota Siputeh assemblyman Datuk Abu Hassan Sarif as state assemblyman on Nov 12.
High Court (Appellate and Special Powers) judge Justice Alizatul Khair Osman Khairuddin set the date after hearing views of parties involved over the urgency of the case.
Datuk Mohd Hafarizam Harun, counsel for Abu Hassan, said the matter had to be disposed off before the state assembly sitting, which would be starting on Nov 17, as his client had received a letter from the Speaker dated Nov 5 stating that he was not recognised as the Kota Siputeh assemblyman.
“My client is being barred from attending the sitting. Unless the Speaker gives an undertaking that his (Abu Hassan) status quo will remain, we have no choice but to ask this matter be disposed off before the sitting in order to clarify the issues involved,” he said.
Dr Abdul Isa’s lead counsel Sulaiman Abdullah said the parties could file affidavits by Tuesday for the court to hear the matter next week.
“As far as the Speaker is concerned, the seat is vacant. We want the election to go on. He has no choice but to write a letter to the respondent to explain his status,” he said.
Senior Federal Counsel Suzana Atan, who represented the commission, however, noted that there was a Federal Court ruling that it was the Commission which establishes the casual vacancy of a seat.
“There is no casual vacancy of a seat in Kedah State Legislative Assembly. I think the Commission should be given at least a week to put in their affidavits to answer this,” she said.
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