PUTRAJAYA – The Court of Appeal has set November 8 to hear appeals by four former Penang assemblymen over the dismissal of their suits to challenge the validity of a motion passed by the state assembly for them to vacate their seats.
A case management for the appeals was conducted today before Court of Appeal deputy registrar Radzilawatee Abdul Rahman who fixed the hearing date.
When contacted, lawyer A. Surendra Ananth, who is representing the Penang assembly and Speaker Datuk Law Choo Kiang, confirmed the matter.
The four former assemblymen are Zulkifli Ibrahim (Sg Acheh), Dr Afif Bahardin (Seberang Jaya), Khaliq Mehtab Ishaq (Bertam), and Zolkifly Md Lazim (Telok Bahang).
In the suits, the four men challenged the constitutionality of Article 14A of the Penang constitution, and sought to stop their seats from being declared vacant pursuant to the same article.
Penang High Court judicial commissioner Azizan Md Arshad in dismissing the suits on January 20 held that he was bound by a Federal Court decision declaring Article 14A valid.
The article states that an assemblyman must vacate their seat if they resign, is stripped of their membership, ceases to be a politician, or is chosen as a candidate by another political party.
Azizan also ruled that the court cannot grant an injunction against the state assembly and the speaker to prevent them from discussing the motion requesting the assemblymen to vacate their seats during the state assembly sitting.
He said the court cannot interfere and has no authority over the internal management of the state assembly. – Bernama, May 5, 2023
