Malaysia

Court dismisses Bersatu bid to vacate 4 Sabah parliamentary seats

Party fails to get speaker Johari to declare the constituencies vacant.

Updated 2 years ago · Published on 16 Nov 2023 12:10PM

Court dismisses Bersatu bid to vacate 4 Sabah parliamentary seats
The application for the judicial review was filed by Bersatu vice-president Datuk Seri Dr Ronald Kiandee and Datuk Captain (Rtd) Muhammad Suhaimi Yahya - The Vibes pic, November 16, 2023

THE Kuala Lumpur today dismissed Bersatu's application for leave to initiate a judicial review against Dewan Rakyat Speaker Tan Sri Johari Abdul and four Members of Parliament (MPs) from Sabah.

Bersatu had filed the legal action for Johari to declare as vacant the seats held by the four MPs.

 Judge Datuk Amarjeet Singh said the court was bound by the Federal Court's ruling that it had no jurisdiction to question the decision of the Dewan Rakyat Speaker on the vacancy of the four seats under Article 63 of the Federal Constitution.

 "Therefore, the court dismissed the application by the plaintiff (Bersatu), with no order as to costs,” he said.

The application for the judicial review was filed by Bersatu vice-president Datuk Seri Dr Ronald Kiandee and Datuk Captain (Rtd) Muhammad Suhaimi Yahya as a public officer of the party last April 17.

Bersatu named Johari and the four MPs, namely  Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Jonathan Yasin (Ranau) and Datuk Matbali Musah (Sipitang) as the first to fifth respondents.

In the application, Bersatu is seeking an order to revoke a decision made by Johari, through a letter dated Jan 16, 2023, which stated that the second to fifth respondents had clarified and confirmed that there was no vacant parliamentary seat based on the interpretation of the constitution of Gabungan Rakyat Sabah (GRS) and Bersatu.

 Bersatu is also seeking a declaration that the four MPs had ceased to be members of the Dewan Rakyat in accordance with Article 49A of the Federal Constitution, as well as an order for Johari to confirm the four seats as vacant.

 Lawyers Tan Sri Azhar Azizan Harun, Chetan Jethwani and Pravin Thangarajoo represented both applicants, while senior federal counsel Farah Shuhada Ramli represented the Attorney General’s Chambers (AGC) and lawyers Datuk Firoz Hussein Jamaluddin, Wafiy Azman, Woo J Enn and Choo Shi Jin represented the second to fifth respondents. - Bernama, November 16, 2023

Related News

Opinion / 48min

The Malaysia Agreement 1963: Grievances and expectations in Sabah and Sarawak

Malaysia / 4d

Budget 2027: Sabah, Sarawak to receive RM34.9b in federal allocations next year

Malaysia / 6d

MPs propose government set up RCI to investigate LCS project delays

Malaysia / 6d

Judicial review bid over Tuanku Muhriz's removal withdrawn

Events / 1w

Sarawak and Sabah play key roles in weathering climate change

Malaysia / 1w

'If you are not interested, there is no problem. We wish you all the best' - Anwar

Spotlight

Malaysia

Haze: Schools in Johor, Melaka, and Negeri Sembilan to close tomorrow

Malaysia

Tun Mahathir’s health improves, but not ready to leave hospital

Malaysia

LPT3 row puts Kelantan’s infrastructure priorities under scrutiny

Malaysia

Terengganu royal family member sues two banks over RM1.99m missing from savings

Malaysia

Irene Sofiya murder probe referred to Johor prosecutors for review

Malaysia

Teacher denies negligence charges over fatal school SUV crash in Kota Bharu

Malaysia

Sulaiman Md Ali opts out of Melaka polls, will not defend Lendu

You may be interested

Malaysia

Johor police probe Molotov cocktail attack on Rohingya settlement amid viral video tensions

Malaysia

LPT3 row puts Kelantan’s infrastructure priorities under scrutiny

Malaysia

Malaysia’s K-shaped economy: Growth without shared prosperity?

Malaysia

RM2,000 minimum wage: Firms with sales below RM50m exempt from 2027 hike

Malaysia

Tun Mahathir’s health improves, but not ready to leave hospital

Malaysia

Zara Qairina’s mother: No doctors recorded injuries consistent with being beaten

Malaysia

Driver monitoring aims to stop commercial vehicle crashes before they happen

Malaysia

Twenty-one stations record unhealthy air as Zahid expects wind shift to ease haze