March 27, 2009
KUALA LUMPUR: The leave applications by Perak State Assembly Speaker V. Sivakumar and six others for a judicial review to compel the Election Commission (EC) to hold fresh elections in Behrang, Changkat Jering and Jelapang will be heard on May 28.
High Court judge Lau Bee Lan fixed the date after the matter came up for mention in chambers on Friday.
A team of five lawyers led by Sulaiman Abdullah appeared for the applicants while senior federal counsel Azizah Nawawi and Amarjeet Singh appeared for the respondents the EC and independent assemblymen Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang).
Azizah said the respondents would be raising a preliminary objection on two grounds the locus standi (legal standing) of the applicants to file the suits and that there was no arguable case.
Sivakumar, Opposition assemblymen Chen Fook Chye, Tai Sing Ng and A. Sivanesan and three voters Ahmad Sabry Wahab (Behrang), Abdul Latif Ariffin (Changkat Jering) and Foo Hon Wai (Jelapang) had separately filed for the judicial review.
They want a declaration that the Behrang, Changkat Jering and Jelapang seats are vacant following the resignations of Jamaluddin, Osman and Hee, and an injunction to stop them from acting and carrying out the functions and duties of assemblymen.
They also seek a writ of “quo warranto” to compel the trio to show why they were still representatives of their constituencies and can carry out the responsibilities, functions and duties of assemblymen.
Jamaluddin and Osman won their seats on PKR tickets and Hee, under the DAP banner, in last year’s general election. Last month, they left their parties and pledged support for Barisan Nasional, leading to the collapse of the PAS-PKR-DAP coalition government in Perak which was then led by Datuk Seri Mohammad Nizar Jamaluddin.
On Feb 3, Sivakumar notified the EC that the three seats were vacant after receiving letters purportedly on the resignations of the trio.
The EC, however, doubted the resignations and refused to hold by-elections in the constituencies. - Bernama