Selangor State Committee on Competency, Accountability and Transparency (Selcat) chairperson Teng Chang Kim and nine other applicants were given the nod today by the Federal Court in Putrajaya to appeal against a court’s decision reinstating a civil suit against them to challenge the legality of Selcat.

Court of Appeal president Md Raus Sharif, chairing a three-member panel, granted them leave to appeal against a decision of the Court of Appeal on Dec 16 last year to reinstate the civil suit brought against them by three Barisan Nasional (BN) Selangor state assemblypersons .

Justice Raus, who sat on the panel with Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judge Hashim Yusoff allowed the leave application on one legal question to be determined by the Federal Court.

The question of law is whether the composition, powers and management of committees established under the standing orders of the Selangor state legislative assembly can be the subject matter of challenge in legal proceedings, having regard to the constitutional privileges awarded to the legislative assembly and its committee under Article 72 of the federal constitution and the Selangor state constitution.

Sungai Air Tawar assemblyperson Raja Ideris Raja Ahmad, Morib assemblyperson Hasiman Sidom and Kuala Kubu Bharu assemblyperson Wong Koon Mun succeeded in the Court of Appeal to set aside the decision of the Shah Alam High Court which had struck out their suit against Teng and the nine others.

The nine others were six Selcat members, namely Haniza Mohamed Talha, Mohamed Azmin Ali, Saari Sungib, Edward Lee Poh Lin, Sulaiman Abdul Razak and Ismail Sani, the Selangor state assembly speaker, Selangor state assembly secretary and the Selangor government.

On March 22, last year, the High Court allowed the application by the 10 applicants to strike out the suit under Order 18, Rule 19 (1) (a) of the Rules of the High Court 1980 on grounds that the suit disclosed no reasonable cause of action.

The three assemblypersons filed the suit, seeking among others, a declaration that the formation of Selcat and/or its proceedings were null and void and had no effect, whatsoever.

They also wanted the court to declare that the committee was in breach of standing orders, state laws and the Federal Constitution, and had acted in excess of its jurisdiction; and did not reflect the balance between the parties within the state assembly.

The 10 applicants were represented by lawyer Tommy Thomas while lawyers Kamarul Hisham Kamaruddin and M Athimulan represented the three assemblypersons.

- Bernama