The Federal Court has today granted permission for Sungai Siput PSM MP Dr D Jeyakumar to pose two questions regarding the withholding allocation given by the federal government to opposition MPs (elected representatives).


 This follows after the five-member panel led by Chief Justice Arifin Zakaria allowed Jeyakumar leave (permission) to pose the questions after the Court of Appeal had allowed the government's appeal and dismissed Jeyakumar's application for a judicial review to challenge the order.


 The matter of &ldquo;management prerogative&rdquo; by the executive to distribute the funds as they see fit whether through the elected representatives of a constituency or not, was brought up by the AG in arguing against Jeyakumar&rsquo;s application in the lower courts.


 "This is still at the leave stage but it is a big step. It is an important question for the proceedings," said the MP&rsquo;s lawyer S Ambiga.


 When met after the decision was read out, she said that the Federal Court will now decide whether to grant them leave to go back to the High Court and argue their case for a judicial review, overturning an earlier Apellate Court&rsquo;s decision in favour of the government which overturned a previous Kuala Lumpur High Court decision to allow the judicial review.


 Opposition MPs has long lamented that federal funding to their constituencies were not channeled through them but instead through the Implementation and Coordination Unit (ICU) of the Prime Minister&rsquo;s Office or BN &lsquo;coordinators&rsquo; in the area.


 <img align="left" alt="NONE" height="200" src="https://i.malaysiakini.com/448/bb12acc448d3124317cbc5f4b2fd4f20.jpg" width="200"/>
 Jeyakumar&rsquo;s (
 
 left
 
 ) legal challenge is the first time a judicial review was sought against the federal government practice.


 Last October, the Court of Appeal had unanimously allowed the federal government&rsquo;s appeal and dismissed Jeyakumar&rsquo;s application on the ground that disbursement of the allocation is entrusted to specific government officials.


 Jeyakumar had cited the director-general of the Implementation Unit of the Prime Minister&rsquo;s Department, the director of the Perak Development Department and the federal government as defendants.


 Justice Low Hop Bing had said that it involves the exercise of discretion based on a detailed and comprehensive process of evaluation.


 &ldquo;The director-general or director is not required to approve all and sundry applications for the allocation.


 &ldquo;Jeyakumar must show that there is a legal or statutory duty on the part of the director-general and director as a matter of course to approve his 2010 application,&rdquo; Low had said.


 The Kuala Lumpur High Court had earlier granted Jeyakumar leave to proceed with a judicial review, to challenge the government&rsquo;s action not to give or provide details of its annual allocation of RM1 million to his constituency.


 On Sept 23, the same High Court refused the federal government a stay of the judicial review proceedings, leading to the appeal being filed at the Appellate Court.


 <a href="http://www.youtube.com/watch?v=gqzpCNrVifc" target="_blank">
 
 VIDEO | 5.06 mins
 
 </a>


 &nbsp;

<img align="left" alt="NONE" height="64" src="http://mk-cdn.mkini.net/383/e60f68bf4f7cc5ffb4e2d7cc202d699d.jpg" width="64"/>

 
 UPDATED 2.25PM
 

He wants to know why federal gov't is holding back funds for opposition MPs.

 
 [VIDEO INSIDE]

MP funds: Jeyakumar wins leave to appeal decision

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