Sivakumar's case against rival speaker put off

Perak Speaker R. Ganesan's who is being sued by rival V Sivakumar, the ousted former Pakatan Rakyat speaker, has had the case postponed by the Ipoh High Court to July 17.

Judge Azhar Mohamad ruled in chambers after hearing submissions from counsel asking for time to allow Ganesan to prepare his defence.

In his suit , Sivakumar had applied to the courts to prevent Ganesan from assuming the post of Perak speaker.

He also sued the Barisan Nasional-appointed speaker for damages for injuries sustained during a fracas at the May 15 Perak state assembly, after a standoff between Pakatan and BN assemblypersons.

Who is the legitimate speaker?

The application by Ganesan for a postponement was based on three grounds; the stipulated 14 days to reply to Sivakumar's submission have yet to lapse.

Secondly, the case cannot be heard in the High Court and an application will be made to move the matter to the Federal Court.

Ganesan is also demanding that Sivakumar deposits RM100,000 as security for costs.

Lawyers for Sivakumar had argued that sureties are for foreigners or for someone who constantly changes address.

Lawyer Leong Cheok Keng, acting for Sivakumar, said that a person of the Tronoh assemblyperson's stature should not be asked for any surety as this is tantamount to asking for a guarantee and goes against the very purpose of filing a suit.

Crucial to Perak crisis

The matter is vital and is at the heart of the Perak crisis. The ultimate question is for the court to determine the rightful speaker.

This is because Ganesan, in his defence, is likely to argue that he had forcibly removed Sivakumar from the chair is his capacity as the new speaker.

The all important speaker's position is vital in a hung state assembly.

The BN is expected to pass a vote of no-confidence on ousted menteri besar Mohammad Nizar Jamaluddin - whoever sits on the speaker's chair will be able to call the shots during such proceedings.