The Kuala Lumpur High Court will hear on Nov 23 the application by former Perak assembly speaker V Sivakumar and six others for a judicial review of the Election Commission's (EC) decision not to hold by-elections for three state seats in Perak.

The application will be heard before judge Aziah Ali.

High Court senior assistant registrar Mohamad Izwan Mohamed Noh set the date in chambers today upon meeting lawyer Razlan Hadri Zulkifli for Sivakumar and the six applicants, and senior federal counsel Munahyza Mustafa for the EC and three other respondents.

On Oct 22 last year, the six applicants were granted leave to initiate a judicial review application to quash the EC's decision in not declaring the Behrang, Changkat Jering and Jelapang state seats vacant following the decision of the three assemblypersons to be independent members of the state assembly.

The applicants are Sivakumar, Chen Fook Chye, Tai Sing Ng and A Sivanesan, three voters - Ahmad Sabry Wahab (Behrang), Abdul Latif Ariffin (Changkat Jering) and Foo Hon Wai (Jelapang).

In the application, they named the EC and three assemblypersons - Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang) as respondents.

They wanted the court to compel the EC to declare the seats vacant following the resignation of three assemblypersons from PKR and DAP, and an injunction to stop the trio from acting and carrying out the functions and duties of assemblypersons.

They also wanted a writ of "quo warranto" to compel the trio to show why they were still the representatives of their constituencies and could carry out the responsibilities, functions and duties of assemblypersons.

Jamaluddin and Osman won their seats on PKR tickets and Hee, under the DAP banner, in the 2008 general election.

They later left their parties and pledged support for BN, leading to the collapse of the PAS-PKR-DAP coalition government in Perak, then led by Mohammad Nizar Jamaluddin.

- Bernama