KUCHING, 17 Nov 2009: The Election Commission (EC) will take necessary action pending the decision of the Kuala Lumpur High Court on its application for a stay of execution of the order to call for a by-election for the Kota Siputeh state seat in Kedah.
EC chairperson Tan Sri Abdul Aziz Mohd Yusof said the commission was awaiting the legal process, and the decision was expected to be made known this Friday.
“The EC respects the decision of the Kuala Lumpur High Court yesterday. At the moment, we will not have any meeting [on holding a by-election],” he said after paying a courtesy call on Chief Minister Tan Sri Abdul Taib Mahmud at the new State Legislative Complex here today.
Yesterday, the Kuala Lumpur High Court (Appellate and Special Powers) ruled the seat vacant after its assemblyperson, the Barisan Nasional’s Datuk Abu Hassan Sarif, failed to attend two consecutive state legislative assembly meetings without leave.
Justice Datuk Alizatul Khair Osman Khairuddin also ordered the EC to call a by-election for Kota Siputeh, which is under the Jerlun parliamentary constituency.
Abu Hassan, who is no longer the Kota Siputeh assemblyperson and is barred from attending the assembly sitting which started today, filed an appeal against the High Court decision at the court registry in Kuala Lumpur today.
Abdul Aziz said the EC would appeal against the decision at the highest level, which are the Court of Appeal and Federal Court, if the ruling on Friday is not in its favour.
“After the final decision is made at the highest level, the EC will officially announce the dates for the nomination of candidates and polling for the by-election,” he said. — Bernama