KUALA LUMPUR, March 27 — The High Court will hear on May 28 the Perak Assembly Speaker's application for leave in his case against the Election Commission and the three controversial state assemblymen for Behrang, Changkat Jering and Jelapang.
A second, back-up suit filed by six Perakians— Pakatan Rakyat executive councillors A. Sivanesan, Tai Sing Ng and Chen Fook Chye, as well as a voter from each of the three state seats — will also be heard at the same time.
Both cases were heard together this morning in the chambers of judge Lau Bee Lan, of the Appellate and Special Powers division.
Lau’s decision to view the application for leave at the end of May was as expected objected to by Attorney-General’s Chambers’ Azizah Nawawi.
“We are objecting on grounds of locus standi (right to appear in court) of the applicants to file the action and that there is no arguable case,” she later told reporters, referring to both suits.
Speaker V. Sivakumar wants the High Court to order the Election Commission to carry out its duty to hold by-elections in the three state he had declared vacant early February after receiving undated resignation letters from their elected representatives.
The EC however contends the speaker has no right to declare a vacancy in any constituency, as it is their prerogative.
Its chairman Tan Sri Aziz Yusof has challenged the validity of the undated resignation letters.
“This is because the second letters from the assemblymen cast doubts on the resignations, so we cannot declare the seats vacant or call a by-election,” he told reporters in a press conference at the EC headquarters in Putrajaya on Feb 3.
Jamaluddin Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang), who were voted into office in the 12th general election last year, have disputed their resignations as lawmakers, even if they have quit their political parties.
With the late date for the next court hearing and the confusion over the deadline for the next sitting of the state legislative assembly – Barisan Nasional assemblymen contend it has to be by early May as the last sitting was on Nov 11 last year while Pakatan Rakyat argues the six-month deadline has been extended to September because of the March 3 emergency sitting under the tree in Ipoh — the Perak constitutional crisis looks unlikely to be resolved any time soon.
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