PETALING JAYA: Bersatu has failed in its bid for judicial review to challenge Dewan Rakyat Speaker Tan Sri Johari Abdul's refusal to vacate the seats of four Sabah MPs who left the party.
Kuala Lumpur High Court judge Justice Datuk Amarjeet Singh rejected the application filed by party vice president Datuk Seri Dr Ronald Kiandee and the party's public officer Datuk Capt (Rtd) Muhammad Suhaimi Yahya, Malay daily Sinar Harian reported on Thursday (Nov 16).
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In his ruling, he wrote that the High Court was bound by a Federal Court ruling that it had no jurisdiction to question the decision of the Dewan Rakyat Speaker.
"Based on Article 63 of the Federal Constitution, the court denies the application with no order as to costs," he said.
Bersatu filed the legal action on April 28 to apply for the Speaker to vacate the seats of the four MPs in Sabah, Malay daily Sinar Harian reported on Thursday (Nov 16).
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The party named Johari as well as Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Jonathan Yasin (Ranau) and Datuk Matbali Musah (Sipitang) as the first through fifth respondents.
In its application, the party said it had issued a letter on the matter on Jan 16 to which the second to fifth respondents did not give any clarification.
It also said the seats had not been vacated in line with the interpretation of the Gabungan Rakyat Sabah (GRS) and Bersatu constitution.
Bersatu had sought a declaration that the four MPs were no longer members of the august House under Article 49A of the Federal Constitution, as well as a confirmation from Johari that there had been an extraordinary vacating of the four seats.
The party also applied for an order compelling Johari to inform the Election Commission within 21 days that the seats had been vacated.
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Bersatu said the four had contested GE15 under the GRS logo and coalition chairman Datuk Seri Hajiji Noor subsequently made a statement that the second to fifth respondents had decided to leave the party.
The applicant alleged that in the first Parliament sitting on Dec 19 last year, the second to fifth respondents sat with the government, clearly showing they had left Bersatu.
