Dewan Rakyat Speaker Mohamed Zahir Haji Ismail was today requested to disqualify former Sabah chief minister Yong Teck Lee as Member of Parliament (MP) for Gaya in Sabah.

In a letter to Zahir, lawyer Ansari Abdullah, representing a voter in the Gaya constituency, Ooi Kong Eow @ Ng Kong Yew, claimed that Yong had lost his eligibility to be an MP after the Elections Court had found him guilty of committing election offences during the 1999 state elections.

According to Ansari, Section 11(2) and Section 37(3) of the Election Offences Act 1954 and Article 48 of the Federal Constitution clearly stipulates that Yong can no longer remain as a member of Parliament.

On June 8, Election Court judge Muhammad Kamil Awang found Yong guilty of "corrupt practices" under Section 11(c) and (d) of the Election Offences Act when he had contested for the Likas state seat in Sabah in 1999.

Muhamad Kamil delivered the ruling after a joint hearing of two petitions filed by Yong's political rivals - former Sabah chief minister Mohd Harris Salleh of Parti Bersekutu and Parti Bersatu Sabah (PBS) supreme council member Chong Eng Leong.

Section 11(2) of the Election Offences Act states that anyone found guilty of committing corrupt offences is not eligible to be listed as a voter, to vote or to stand in any elections for a period of five years from the date of conviction. It also states that if the person is already elected, he must vacate his seat from the date of conviction.

Meanwhile, Section 37(3) states that when a person is found guilty of deliberately committing any corrupt or illegal offences, the person will forfeit of his eligibility for election and will be disqualified if he was nominated for the election.

By-election called

In his judgment, Muhammad Kamil said that Sabah People's Progressive Party ( Sapp) campaigners had with Yong's knowledge, erected billboards bearing false statements regarding the personal conduct of his political opponents during the 1999 elections.

The judge also declared that the election results as well as the electoral roll used for the 1999 election in the Likas constituency to be null and void.

As a result, Yong, who is also the Sabah People Progressive Party (Sapp) president, lost his Likas state assembly seat and a by-election has been called.

In his letter today, Ansari stated that if the Parliament fails to take action, he has been instructed by his client to file an application with the Kota Kinabalu High Court to disqualify Yong from his parliamentary seat

Last Saturday, the Elections Commission announced that the Likas by-election will be held on July 21 with the nomination date set for July 12.