Suits against EC put off to March 27

Written by Bernama
KUALA LUMPUR: The judicial review applications by Perak State Legislative Assembly Speaker V Sivakumar and three opposition assemblymen against three independents and the Election Commission (EC) have been put off to March 27.
Counsel Razlan Hadri who acted for the applicants sought the adjournment before Justice Lau Bee Lan in chambers here today pending Federal Court decisions on some constitutional issues raised in Datuk Seri Mohammad Nizar Jamaluddin’s suit challenging the legitimacy of Datuk Zambry Abdul Kadir’s appointment as Perak Menteri Besar.
Senior Federal Counsel Azizan Md Arshad did not object to the adjournment application as issues in the two cases may be interrelated with the ones to be determined by the apex court which is scheduled to hear the matter on Monday.
He said, however, the Attorney-General’s Chambers would object to the application for leave for the judicial review sought by Sivakumar and the opposition assemblymen.
Sivakumar and the opposition assemblymen — Chen Fook Chye (DAP-Keranji), Tai Sing Ng (Parti Keadilan Rakyat-Kuala Sepetang) and A Sivanesan (DAP-Sungkai) — seek to compel the EC hold elections for the Behrang, Changkat Jering and Jelapang state seats.
They also seek a writ of “quo warranto” to compel the three independent assemblymen — Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang) — to show on what grounds they were still representatives of their constituencies and could carry out the esponsibilities, functions and duties of assemblymen.
Jamaluddin and Osman won their seats on the PKR tickets in last year’s general election while Hee on DAP’s banner.
Last month, they left their parties and pledged support for Barisan Nasional, leading to the collapse of the Pas-PKR-DAP coalition government that was then led by Nizar.
On Feb 3, Sivakumar notified the EC that the three seats were vacant after receiving letters which purportedly said that Jamaluddin, Osman and Hee had resigned.
The EC, however, doubted the resignations and refused to hold by-elections in the constituencies. — Bernama