Sivarraajh ejected due to court declaring his seat vacant
Dewan Rakyat speaker Mohamad Ariff Mohd Yusof gave MIC vice-president C Sivaraajh the marching orders this afternoon.
This is pending clarification on whether the Election Court had issued a stay order on its declaration that the Cameron Highlands seat is vacant until the appeal process is concluded.
“So, in the meantime, please leave the assembly. Get a lawyer's opinion, and send it to the speaker's office. This is important because I don't want this to become a precedent for the future,” Ariff said.
The matter was brought up by RSN Rayer (DAP-Jelutong) during committee-stage debates on the Ministry of Human Resources’ 2019 Budget proposals.
Rayer objected to Sivarraajh’s presence saying that an Election Court had declared the Cameron Highlands seat vacant due to elements of graft during campaigning for the May 9 general election and the court decision still stood.
“So, I want to draw the speaker’s attention to this [...] on what basis is the Cameron Highlands member allowed to enter and take his seat? We should respect the court’s decision. I ask for a ruling on this matter,” he said.
In response, Sivarraajh said he had 14 days to appeal the court's decision and this was quickly followed by howls of protest from other opposition MPs.
Once the situation settled down, Ariff repeatedly asked Sivarraajh whether the court had issued a stay order on its decision, but Sivarraajh was evasive.
Sivarraajh: Speaker, the court judgement clearly states that there is no proof implicating me in graft. It’s just that […]
Ariff: Answer my question. Is there a stay order or not?
Sivarraajh: [Silence]
Ariff: Is there a stay order or not?
Sivarraajh: Since the Jelutong member has brought this up, I have 14 days to appeal. If I fail […] I need to check whether or not I can attend (parliamentary) sittings but I have 14 days to appeal. I don’t understand, Speaker, how can a convict become a finance minister but […]
Ariff: Please answer my question. As the Speaker, I must decide on this important matter. Is there a stay order or not?
Sivarraajh: That stay order, I will automatically get it. When I file my appeal, I’ll get the stay order.
Ariff: I wish to advise the Cameron Highlands member to see a lawyer with expertise (on this matter) to decide whether filing an appeal will automatically cause a court decision to be suspended. This is important because otherwise if there is no stay, you are a stranger in the House.
Sivarraajh: I have seen a lawyer, but I will explain to the Speaker when I meet the Speaker.
The Election Court in Kuala Lumpur had declared the Cameron Highlands seat vacant on Friday last week, saying that corrupt practices have led to Sivarraajh’s election victory over DAP’s M Manogaran.
Sivarraajh has denied bribing voters and said he would appeal against the ruling.
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