Perak speaker V Sivakumar today tried to revive his judicial review against three state assemblypersons and the Election Commission despite a Federal Court ruling that the power to determine a vacancy lied with the EC and not him.

His lead counsel Sulaiman Abdullah told the Kuala Lumpur High Court that the matter was still a live issue.

Sulaiman said that the apex court's decision does not mean that no one can question the commission's decision not to declare a vacancy of the three seats.

"Although EC has made its decision, it does not mean it (the decision by the commission not to accept the resignation) is correct.

"The final arbiter to decide such discrepancy following them tendering their resignations in January and February this year should be this court," the senior lawyer submitted.

He made the submission before High Court judge Lau Bee Lan in her chambers today.

Earlier, senior federal counsel Kamaluddin Md Said, representing the Attorney General's Chambers, submitted that Sivakumar's applications was academic following the apex court's decision.

The AG's chambers was there as a custodian of public interests. Lawyer Razlan Hadri Zulkifli was also present in assisting Sulaiman.

The suits against BN-friendly independents

Sivakumar had filed a judicial review application on March 10 in his personal capacity , and named the three Barisan Nasional friendly independents namely Mohd Osman Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang).

On the same day, three ousted Pakatan Rakyat exco's namely A Sivanesan (Sungkai), Tai Sing Ng (Kuala Sepetang) and Chen Fook Chye (Keranji) along with three voters, one each from the constituency of Behrang, Changkat Jering and Jelapang filed a similar application.

The three voters are Ahmad Sabri Wahab, Ahmad Latip Ariffin and Foo Hong Wai representing the three constituencies where their three assemblypersons had become BN friendly representatives.

All six named the Radzi, Osman, Hee and the commission as respondents.

Sivakumar, in his application wants to compel the EC to declare the three seats of Behrang, Changkat Jering and Jelapang were vacant and a call for by-elections to be held.

He also asked the three assemblypersons to present authorities to stipulate they are still elected representatives for their constituencies.

In addition, he is also seeking for the three state seats be declared vacant and cleared following the resignation of the three representatives from Pakatan.

He also wants an order to quash the EC's decision not to call for by-elections in Behrang, Changkat Jering and Jelapang.

The Federal Court ruling

On April 9, the apex court's five-member bench ruled that the three will remain state representatives after it ruled the EC was the rightful body to declare vacancies in a state seat.

Court of Appeal president Justice Alauddin Md Sheriff led the bench in the unanimous decision.

The other members of the bench were Chief Judge of Malaya Justice Ariffin Zakaria, Federal Court judges Justice Nik Hashim Nik Ab Rahman and Justice S Augustine Paul and Court of Appeal judge James Foong.

"Despite the decision made, it would not prejudice the other two on-going suits which have yet to be heard," said Alauddin in his oral decision.

Following today's matter, Justice Lau has fixed July 28 for Sivakumar to submit his related affidavit to state his matter is still a live case.

She also fixed Sept 4, for hearing of Sivakumar's leave application.