Ex-PAS reps sue Perlis speaker for declaring seats vacant

Three Perlis assemblypersons who were recently sacked from PAS have taken legal action against the state speaker, in a move to challenge the declaration that their seats are vacant.

The three are Ridzuan Hashim (Guar Sanji), Fakhrul Anwar Ismail (Bintong), and Saad Seman (Chuping).

In a joint statement today, the trio asserted that speaker Rus’sele Eizan had acted beyond his jurisdiction when he declared their seats vacant, following a coup which led to Bersatu’s Abu Bakar Hamzah replacing PAS’ Shukri Ramli as menteri besar.

“We respect the speaker’s views, but we still hold the opinion that he had been mistaken, and acted out of order by declaring the seats as vacant.

“Following this, we have filed an originating summons - naming the speaker as the first defendant, and the Perlis state assembly as the second defendant - demanding the court annul the declaration,” they said.

The lawsuit was filed through lawyer Jamil Yaacob of Messrs Srihana Mohamad & Partners.

On Dec 24, PAS announced that their party memberships had ceased with immediate effect, after the trio supported a vote of confidence against Shukri.

PAS president Abdul Hadi Awang said the decision to expel the trio from the party was made based on Clause 76 and Clause 15A(1)(b) of the PAS constitution (2025 amendment).

The clauses refer to actions that lead to the termination of party membership, including joining or declaring support for any party contrary to the party’s instructions or stance.

The following day, on Dec 25, Rus’sele announced the vacancies of the Guar Sanji, Bintong, and Chuping state seats, and expressed the need for by-elections to be conducted for the three constituencies.

However, on Dec 31, Rus’sele retracted his notice to the Election Commission regarding the need for by-elections in the three constituencies.

He explained the decision was made after considering recent developments, including PAS’ stance as a Perikatan Nasional component party, which has reassured its commitment to maintaining the stability of the Perlis state government.

By-elections are not legally mandatory for legislatures that have completed three years of their term. Perlis passed this milestone on Dec 19, while the three vacancies were only announced on Dec 25.

Concern over voter welfare

However, in today’s statement, the trio argued that leaving the constituencies without representatives for nearly two years before the next state election would affect the welfare of voters.

“We demand a declaration that the first defendant’s announcement is out of order, null, void, and defective,” they stressed.

Meanwhile, when contacted by Malaysiakini, Rus’sele said it was their right to challenge his decision.

He said his decision was made after seeking advice from the state legal adviser regarding casual vacancies under Clause (3) Article 50A of the Laws of the Constitution of Perlis.

“It is their right (to sue). If there is any room for appeal or any matter that can provide them space from a legal perspective, I will provide it.

“Even if they win, there is no problem because I am only carrying out my duties as the speaker,” he said.

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