GEORGE TOWN – The Penang High Court has allowed four Bersatu assemblymen to withdraw their injunction against the state government after truce is called due to the third wave of Covid-19 infections.
The state government will be scrapping on Monday a motion in the coming assembly sitting to compel the four to vacate their seats after ditching Pakatan Harapan for Perikatan Nasional in February.
The court today allowed the suit to be withdrawn after the state government said it is unsafe to hold by-elections during this Covid-19 outbreak.
Rosli Dahlan, representing the four lawmakers, said the injunction application notice was revoked on two terms.
“By agreement, the respondent withdrew the motion and will not present it on Monday. The respondents also promised to provide a 14-day notice if the state government intends to file and table a similar motion (in the future).”
The four reps said Penang’s anti-hopping legislation was unconstitutional.
The four are Khaliq Mehtab Mohd Ishaq (Bertam), Zolkifli Md Lazim (Teluk Bahang), Zulkifli Ibrahim (Sungai Acheh) and Dr Afif Bahardin (Seberang Jaya).
They are also seeking a restraining order against the state legislative assembly and state speaker Datuk Law Choo Kiang, from allowing the tabling, proposing, debating, voting and passing of the motion.
Article 14A (1) of the Constitution of the State of Penang (Amendment) Enactment 2012 states that a member of the assembly shall vacate his seat if he has been elected as a candidate of a political party, has resigned or been expelled from or ceases for any reason whatsoever to be a member of that party, or has been elected as an independent but later joins a political party.
Article 10 (1)(c) of the Federal Constitution, however, guarantees that Malaysians have the freedom of association.
Judicial commissioner Wong Hok Chong has set November 26 for case management so both parties can reach an agreement.
State legal advisor Datuk Norazmi Narawi represented the state government. – The Vibes, October 9. 2020
