KUALA LUMPUR, May 28 (Bernama) -- Former Perak State Assembly Speaker V. Sivakumar contends that his suit against the Election Commission (EC) and three independent assemblymen is still an issue despite the Federal Court's ruling that the commission was the rightful entity to declare vacancies of the seats.
Sivakumar's counsel, Sulaiman Abdullah said the Federal Court's decision on April 9 declaring that the EC was the rightful body to declare vacancies of the seats and not Sivakumar, who was then the assembly speaker, did not mean that the EC's decision could not be challenged.
He said whether or not the EC's decision was right or wrong, it was still a live issue and the court was the final arbiter to decide.
In the landmark decision on April 9, the Federal Court's five-man bench granted the trio's application to declare that they were the state assemblymen for the three constituencies.
The trio, had filed a suit against Sivakumar at the Ipoh High Court seeking a declaration that they were the valid elected representatives for the three constituencies although Sivakumar had announced that the seats were vacant.
They had applied for their suit against Sivakumar to be referred to the apex court on the grounds that it involved constitutional issues.
The case came up before High Court judge Lau Bee Lan today in chambers.
Sulaiman had sought time for them to file a further affidavit following the Federal Court's decision on April 9 declaring that the EC was the rightful body to declare vacancies of the seats and not Sivakumar who was then the Perak State Assembly Speaker.
Justice Lau fixed July 28 for mention of the case.
She also fixed Sept 4 to hear Sivakumar's leave application for a judicial review to compel the EC to hold fresh elections in Behrang, Changkat Jering and Jelapang following the resignation of the three assemblymen who turned independent.
Sivakumar, opposition assemblymen Chen Fook Chye, Tai Sing Ng and A. Sivanesan and three voters -- Ahmad Sabry Wahab (Behrang), Abdul Latif Ariffin (Changkat Jering) and Foo Hon Wai (Jelapang) -- had separately filed for the judicial review.
They want a declaration that the Behrang, Changkat Jering and Jelapang seats are vacant following the resignations of assemblymen Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang) and an injunction order to stop the trio from acting and carrying out the functions and duties of assemblymen.
They also seek a writ of "quo warranto" to compel the trio to show why they were still representatives of their constituencies and can carry out the responsibilities, functions and duties of assemblymen.
Jamaluddin and Osman won their seats on PKR tickets and Hee, under the DAP banner, in last year's general election. Last month, they left their parties and pledged support for Barisan Nasional, leading to the collapse of the PAS-PKR-DAP coalition government in Perak which was then led by Datuk Seri Mohammad Nizar Jamaluddin.
On Feb 3, Sivakumar notified the EC that the three seats were vacant after receiving letters purportedly on the resignations of the trio.
The EC, however, doubted the resignations and refused to hold by-elections in the constituencies. Meanwhile, Senior Federal Counsel Datuk Kamaluddin Md Said appearing for the Attorney-General's Chambers informed the court that the Federal Court's decision had answered the issues raised by Sivakumar in his judicial review application.
Therefore the judicial review applications sought by the applicants were academic.
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