Apex court to hear constitutionality of Penang's anti-hopping law on Aug 3
The hearing date was fixed during case management which was held recently, a lawyer confirmed.
The lawyer also...
The Federal Court has fixed Aug 3 to hear the Penang state assembly and its speaker's referral bid over the constitutionality of the state's anti-hopping enactment.
The hearing date was fixed during case management which was held recently, a lawyer confirmed.
The lawyer also intends to write to the court to request for a larger panel of seven or nine judges to hear the case.
On April 12 this year, Judicial Commissioner Azizan Md Arshad allowed an application by the Penang state assembly and its speaker to refer questions to the Federal Court for the apex court to hear and decide on the constitutionality of the state's anti-hopping enactment.
The state assembly and its speaker want the Federal Court to decide on the question of whether Article 14A of the Penang state Constitution is void as it was inconsistent with Article 10 (1) (c) of the Federal Constitution.
The lawyer and another counsel Malik Imtiaz Sarwar were granted fiat to represent the Penang state assembly and speaker Law Choo Kiang.
Four assemblypersons, Zulkifli Ibrahim (Sungai Acheh), Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam), and Zolkifly Md Lazim (Telok Bahang) had filed three writs of summons in 2020 against the state assembly and its speaker to challenge a motion introduced in October 2020 for the four to vacate their seats and by-elections to be held.
Article 14A of the Penang State Constitution states that a state assemblyperson shall vacate his seat if having been elected as a candidate of a political party, he resigns or is expelled from a party or having been elected otherwise than as a candidate of a political party, he joins a political party.
The tabling of the motions for the four to vacate their seats has been put on hold pending the disposal of their suits.
- Bernama
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