Kedah state assembly speaker Abdul Isa Ismail today filed for a judicial review of the Election Commission's decision to retain Abu Hasan Sarif as Kota Siputeh state assemblyperson.

The application and the affidavit in support were filed at the High Court (Appeals and Special Powers Division) registry in Kuala Lumpur.

He named Abu Hasan and the EC as respondents.

Abdul Isa is seeking a declaration that Abu Hasan of Barisan Nasional is no longer the assemblyperson for the seat following his failure to attend two consecutive sittings of the state assembly.

Pursuant to that, he wants the court to declare the seat vacant and the EC to hold a by-election.

He also wants an injunction to restrain Abu Hasan or his agents from carrying out the duties of state assemblyman for the constituency, damages, costs and other reliefs deemed fit by the court.

EC decided on no vacancy

In the March general election last year, PAS won 16 state seats in Kedah, the DAP one, PKR four, BN 14 and an independent one.

Abdul Isa claimed that the EC's decision to let Abu Hasan keep the seat and Abu Hasan's absence at the sittings would hamper his duties as speaker to ensure the smooth running of the house.

It was also an insult to the Kedah assemblypersons and might cause trouble in the proceedings when a person who had lost his eligibility as representative could still present himself as one, he said.

The EC on Sept 1 decided that there was no vacancy in the Kota Siputeh seat and that Abu Hassan, who won the seat in the 12th general election, was still the assemblyman.

The decision as made after the EC received notification from Abdul Isa on Aug 17 of a casual vacancy for the seat after Abu Hassan did not attend two consecutive meetings of the assembly.

It held that the two meetings which Abu Hassan failed to attend were not within the same term and that the delay in handing over his medical certificate for the Aug 9 sitting did nullify the certificate.

- Bernama