DAP's Kampung Tunku state assemblyperson Lau Weng San said local councillors from PKR should not vote in the Sungai Way Deepavali Bazaar issue as there is a conflict of interest.

He said this in reference to Petaling Jaya Mayor Mohd Azizi Mohd Zain aborted plans to relocate the bazaar, citing majority support from local councillors in a memorandum - nine from PKR and three from PAS.

Lau ( photo ) pointed out that the group which had objected to the relocation was led by PKR leaders, one of whom is being investigated for inciting racial hatred when they demonstrated against the move.

"I had earlier said that the only correct (way) is for the mayor to conduct a special meeting under clause 5(1) of the Standing Orders of Petaling Jaya City Council and allow the councillors to debate, deliberate and vote on the matter.

"All PKR councillors, including the nine who had signed the memorandum, under Clause 41, shall disclose the fact that their members are involved in the subject matter under consideration.

"Therefore, they shall withdraw from the meeting and shall be precluded from voting as they all have an interest, whether direct or indirect, on the subject matter as the group of hawkers protested against the relocation are led by a PKR divisional leader," he said in a statement.

No intention to undermine authority

Clause 41 of the Standing Orders of Petaling Jaya City Council 2007 states that any councillor who has any direct or indirect interest in matters being discussed in the local council must disclose such fact and withdraw from the meeting and be precluded from voting.

As such, Lau questioned whether there was a genuine majority against the relocation based on the memorandum which was signed by nine PKR and three PAS councillors.

"I would like to stress again that I have no intention to undermine the authority of the mayor, but no elected representative shall remain silent when it comes to issues that could severely undermine the integrity of the council when decisions are not made in accordance with procedures, in the spirit of good governance and rule of law," said Lau.

The issue has sparked a row between PKR and DAP since Oct 15 when PKR leaders leading a demonstration confronted DAP leaders who were visiting the new site of the bazaar.