The Court of Appeal upholds a High Court decision against declaring the appointments of two ministers and two deputy ministers as unconstitutional.
KUALA LUMPUR: The Court of Appeal has dismissed Ipoh Barat MP M.Kula Segaran’s application for a judicial review to nullify the appointments of four senators as ministers and deputy ministers after the last general election as unconstitutional.
The bench, presided by Linton Albert, Rohana Yusoff and Vernon Ong Lam Kiat, dismissed the application without cost.
Lawyers representing the Attorney-General’s (AG) chambers earlier asked for cost of RM10,000.
But Kula Segaran’s counsel R.Kengadharan objected, emphasising that in a public interest case, award of costs should not be awarded. The court concurred.
Kula Segaran now plans to take the matter up to the Federal Court.
On June 19 last year, Kula Segaran filed the application for a judicial review to nullify the appointments of Abdul Wahid Omar and Paul Low Seng Kuan as Ministers in the Prime Minister’s Department, J Loga Bala Mohan as Deputy Minister of Federal Territory and Ahmad Bashah Md Hanipah as Deputy Minister of Domestic Trade, Co-operatives and Consumerism.
In his affidavit, Kula Segaran argued that it was a requirement of the Federal Constitution that ministers and deputy ministers must be appointed from among members of either house of Parliament.
He said the appointment of the respondents as ministers and deputy ministers on May 15 2013 was unconstitutional because they were at the time not yet sworn in as members of either house.
He pointed out that the four did not stand for election at any parliamentary constituency during the 13th General Election held on May 5 2013.
However, the AG’s Chambers, represented by Amarjit Singh and Suzana Atan objected that the application for judicial review and appeal filed by Kula Segaran was frivolous and did not disclose an arguable case.
They said Kula Segaran had based his argument on non-existing words or words that he himself had added to the Federal Constitution.
The AG’s chambers noted that the oath was taken by the respondents after their appointment as members of the Senate.
In his statement today, Kula Segaran expressed disappointment on the swift disposal of the appeal.
“Being a serious constitutional issue with wide implications and the first of its kind in the country, the government lawyers were not even invited to address the bench.
“In light of the outcome, I am now keen to appeal to the Federal Court,” he said.
The bench, presided by Linton Albert, Rohana Yusoff and Vernon Ong Lam Kiat, dismissed the application without cost.
Lawyers representing the Attorney-General’s (AG) chambers earlier asked for cost of RM10,000.
But Kula Segaran’s counsel R.Kengadharan objected, emphasising that in a public interest case, award of costs should not be awarded. The court concurred.
Kula Segaran now plans to take the matter up to the Federal Court.
On June 19 last year, Kula Segaran filed the application for a judicial review to nullify the appointments of Abdul Wahid Omar and Paul Low Seng Kuan as Ministers in the Prime Minister’s Department, J Loga Bala Mohan as Deputy Minister of Federal Territory and Ahmad Bashah Md Hanipah as Deputy Minister of Domestic Trade, Co-operatives and Consumerism.
In his affidavit, Kula Segaran argued that it was a requirement of the Federal Constitution that ministers and deputy ministers must be appointed from among members of either house of Parliament.
He said the appointment of the respondents as ministers and deputy ministers on May 15 2013 was unconstitutional because they were at the time not yet sworn in as members of either house.
He pointed out that the four did not stand for election at any parliamentary constituency during the 13th General Election held on May 5 2013.
However, the AG’s Chambers, represented by Amarjit Singh and Suzana Atan objected that the application for judicial review and appeal filed by Kula Segaran was frivolous and did not disclose an arguable case.
They said Kula Segaran had based his argument on non-existing words or words that he himself had added to the Federal Constitution.
The AG’s chambers noted that the oath was taken by the respondents after their appointment as members of the Senate.
In his statement today, Kula Segaran expressed disappointment on the swift disposal of the appeal.
“Being a serious constitutional issue with wide implications and the first of its kind in the country, the government lawyers were not even invited to address the bench.
“In light of the outcome, I am now keen to appeal to the Federal Court,” he said.
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