PUTRAJAYA – The Federal Court today dismissed the leave applications by four Penang assemblymen to challenge the competency of the state assembly to pass an anti-hopping law.
Chief Justice Tun Tengku Maimun Tuan Mat made the ruling after hearing submissions from lawyers Datuk D.P. Naban, who represented the four assemblymen, and Datuk Malik Imtiaz Sarwar, who appeared for the state government.
The top judge, via online Zoom proceedings, said that in August this year, another Federal Court panel had decided that the state assembly was entitled to enact laws to determine the qualification of its members. The court made no order as to costs.
In the August decision, the court ruled that Article 14A of the Penang constitution is not void as it is consistent with Article 10(1)(c) of the federal constitution.
Article 14A of the Penang constitution states that an assemblyman shall vacate their seat if having been elected as a candidate of a political party, they resign or are expelled from a party or having been elected otherwise than as a candidate of a political party, they join a political party.
On April 12 this year, judicial commissioner Azizan Md Arshad allowed an application by the Penang assembly and its speaker Datuk Law Choo Kiang to refer questions to the Federal Court to hear and decide on the constitutionality of the state’s anti-hopping enactment.
The assembly and its speaker want the Federal Court to decide on the question of whether Article 14A of the Penang constitution is void and inconsistent with Article 10(1)(c) of the federal constitution.
The four assemblymen, Zulkifli Ibrahim (Sg Acheh), Dr Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam), and Zolkifly Md Lazim (Telok Bahang), had filed three writs of summons in 2020 against the state assembly and its speaker to challenge a motion introduced in October 2020 for the four to vacate their seats and by-elections to be held. – Bernama, December 16, 2022
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