Apex court rejects ex-Penang reps' bid to challenge seat vacancies

The Federal Court today dismissed an application by two former Penang state assemblypersons who were seeking leave to appeal a decision regarding the validity of a motion passed by the state legislative assembly which declared their seats vacant.

A three-judge panel led by Chief Judge of Malaya Hasnah Mohammed Hashim ruled that there were no merits in the application filed by former Sungai Acheh assemblyperson Zulkifli Ibrahim and former Seberang Jaya assemblyperson Dr Afif Bahardin.

Hasnah, sitting with Federal Court judges Abdul Karim Abdul Jalil and Vazeer Alam Mydin Meera, did not make any order as to costs.

The two former Penang assemblypersons, through their lawyer Azhar Azizan Harun, requested the court to grant them leave to appeal, arguing that there are four novel questions of law for the Federal Court to determine.

However, lawyer A Surendra Ananth, representing the Penang state legislative assembly and its speaker Law Choo Kiang, countered that the applicants failed to meet requirements under Section 96 (a) and (b) of the Courts of Judicature Act 1964.

Afif is now the Taman Medan representative in the Selangor legislative assembly.

On Dec 8, 2023, Penang High Court judge Anand Ponnudurai ruled that Zulkifli and Afif were correctly disqualified from the state assembly following their expulsion from PKR, in accordance with Article 14A of the Penang state constitution, which prohibits party hopping.

After their expulsion from PKR, Zulkifli and Afif joined Bersatu, prompting the motion for them to vacate their seats.

Anand, however, ruled that Article 14A of the Penang state constitution did not apply to former Bersatu assemblypersons Khaliq Mehtab Ishaq (Bertam) and Zolkifly Lazim (Teluk Bahang), as they never left the party.

He held that Khaliq and Zolkifly remained as members of the state assembly from May 2018 to June last year and ordered that they be paid all financial entitlements due to them until the assembly’s dissolution. The state assembly and Law did not appeal this decision to the Court of Appeal.

Seeking court declarations

Meanwhile, Zulkifli and Afif’s appeals in the Court of Appeal were dismissed on Nov 26 last year. They then filed an application seeking leave to appeal to the Federal Court.

The four had filed an originating summons seeking court declarations that the motion passed by the state assembly on March 6, 2023, which compelled them to vacate their seats, was void and unlawful.

They sought declarations that they remained members of the state assembly until its dissolution in June 2023. They named Law and the state assembly as defendants.

All four contested the 2018 state election under the PKR logo. At the time, Pakatan Harapan consisted of PKR, DAP, Amanah, and Bersatu.

Zulkifli and Afif were sacked by PKR following the Sheraton Move in 2020. Bersatu left the coalition in 2020 and formed the federal government with BN, PAS, and several regional parties from Sabah and Sarawak.

In today’s proceedings, lawyer Chetan Jethwani also represented Zulkifli and Afif.

- Bernama

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