Court bins suit by four Penang Bersatu reps over motion to vacate seats

GEORGE TOWN – The high court here today dismissed the suits by four Penang assemblymen against the Penang assembly and Speaker Datuk Law Choo Kiang over a motion introduced in October 2020 for them to vacate their seats.

Judicial commissioner Azizan Md Arshad dismissed the suits by the four representatives – Sg Acheh assemblyman Zulkifli Ibrahim, Dr Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam), and Zolkifly Md Lazim (Telok Bahang), with no order as to costs.

“The Federal Court has already decided that Article 14A of the state constitution is valid so this court is bound by that decision,” Azizan said when delivering the decision today.

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.

As for the assemblymen’s applications that the motion against them was wrong, Azizan said the court could not decide the matter as it falls under the jurisdiction of the state assembly.

He also said the court cannot grant an injunction against the defendants to prevent them from discussing the motion asking the plaintiffs to vacate their seats during the assembly sitting.

“The court cannot prevent the defendants from exercising the powers given to them under the state constitution. The court cannot interfere and has no authority over the internal management of the state assembly,” he added.

After Azizan delivered the decision, lawyer Chetan Jethwani, representing the four assemblymen, told the court that his clients intend to appeal against the decision.

“We will also be submitting an application for an injunction to stop the defendants from tabling the motion until the disposal of this appeal,” he added.

On December 16 last year, Chief Justice Tun Tengku Maimun Tuan Mat dismissed the leave applications by the four assemblymen to challenge the competency of the state assembly to pass an anti-hopping law.

The four assemblymen had filed the suit in 2020 to challenge the constitutionality of Article 14A(1) of the Penang constitution, and to stop their seats from being declared vacant, pursuant to the same article.

Meanwhile, Chetan, when met outside the court, said his clients would file their appeals against today’s decision after the Chinese New Year holiday.

“This is because we believe that the judge has made an error in his decision on this. The question that we are posing is whether or not Article 14A actually applies to these four assemblymen. The two Bersatu assemblymen never left the party and they remain in the party, while the two former PKR assemblymen did not leave the party but were expelled.

“Constitutional question aside, we respect the Federal Court’s decision on Article 14A but for the state assembly to disqualify the assemblymen based on this article, it doesn’t meet the criteria,” he added. – Bernama, January 20, 2023