KUALA LUMPUR, 27 March 2009: The leave applications by Perak state assembly Speaker V Sivakumar and six others for a judicial review to compel the Election Commission (EC) to hold fresh elections in Behrang, Changkat Jering and Jelapang will be heard on 28 May.
High Court judge Lau Bee Lan fixed the date after the matter came up for mention in chambers today.
A team of five lawyers led by Sulaiman Abdullah appeared for the applicants. Senior federal counsel Azizah Nawawi and Amarjeet Singh appeared for the respondents – the EC and independent assemblypersons Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang).
Azizah said the respondents would be raising a preliminary objection on two grounds – the locus standi (legal standing) of the applicants to file the suits and that there was no arguable case.
Sivakumar, opposition assemblypersons Chen Fook Chye, Tai Sing Ng and A Sivanesan, and three voters – Ahmad Sabry Wahab from Behrang, Abdul Latif Ariffin (Changkat Jering) and Foo Hon Wai (Jelapang) – had separately filed for the judicial review.
They want a declaration that the Behrang, Changkat Jering and Jelapang seats are vacant following the resignations of Jamaluddin, Osman and Hee, and an injunction to stop the three from acting and carrying out the functions and duties of assemblypersons.
They also seek a writ of “quo warranto” to compel the trio to show why they were still representatives of their constituencies and can carry out the responsibilities, functions and duties of assemblypersons.
Jamaluddin and Osman won their seats as Parti Keadilan Rakyat (PKR) candidates and Hee as a DAP candidate in last year’s general election.
Last month, they left their parties and pledged support for the Barisan Nasional. This led to the collapse of the PAS-PKR-DAP coalition government in Perak which was led by Datuk Seri Mohammad Nizar Jamaluddin.
On 3 Feb, Sivakumar notified the EC that the three seats were vacant after receiving undated resignation letters that were signed by the trio.
The EC, however, doubted the resignations and refused to hold by-elections in the constituencies. — Bernama