MBPJ poses queries to PSD to prepare for judicial review
Councillors from the Petaling Jaya City Council (MBPJ) have posed four legal questions to the Public Services Department (PSD) in preparation for its judicial review application on the recent transfer of the Petaling Jaya mayor.
According to councillor Khairul Anuar Ahmad Zainudin, who wrote the letter on behalf of MBPJ councillors, the clarifications are sought to avoid “misunderstandings” before legal action is taken.
The letter, dated Nov 12 and addressed to PSD deputy director Farida Mohd Ali sought the following:
- Whether the PSD had sought the state authority’s agreement on the transfer of Mayor Mohamad Roslan Mohd Sukiman;
- If no agreement was obtained, whether the PSD is of the opinion that this is not required for such a transfer;
- Whether the PSD is of the opinion that Mohd Roslan’s appointment as the deputy secretary (development) at the Selangor state secretariat automatically ends his term as a mayor; and
- Whether the PSD is willing to cooperate with the MBPJ in obtaining a judicial review on the transfer and whether it ends Mohamad Roslan’s term as a mayor.
Khairul Anuar also pointed out that Mohamad Roslan was appointed statutorily by the state authorities under Section 10 and 11 of the Local Government Act 1976.
He added that the councillors had unanimously agreed to file a judicial review application on the transfer as “it has serious implications on the state and local government administration”.
“May we find a solution... so that we can find harmony in administration at all levels, based on prevailing laws,” he said.
The letter was also copied to the chief secretary, Prime Minister’s Office, Selangor state secretary and Selangor executive councillors.
Mohamad Roslan received a transfer notice on Sept 1, effective Oct 1, in a move which the councillors feel oversteps the PSD’s jurisdiction.