KUALA LUMPUR, Nov 23 — The Election Commission failed today to get the High Court here to stay its decision last week that a by-election must be held in the Kedah state seat of Kota Siputeh within 60 days.
But lawyers from the Attorney General's Chambers representing the EC said they would file an appeal against the High Court's rejection with the Court of Appeal.
The High Court upheld its decision and ordered the EC to issue a notice calling for a by-election by Nov 25.
Judge Datuk Alizatul Khair Osman Khairuddin had in her ruling earlier rejected the EC’s plea for a stay pending its appeal challenging the court’s decision that the Kota Siputeh seat, which was won by Umno’s Datuk Abu Hasan Sarif in Election 2008, is vacant.
The judge dismissed the EC’s objection on the basis that organising a by-election involved a large amount of funds.
She also brushed aside the EC’s arguments that problems may arise later on if the top court ruled in its favour and cancelled the need for a by-election after they had carried it out.
The judge pointed out that the problem of voters having two Kota Siputeh assemblymen was not an issue that should concern the EC.
She said that it was the EC’s duty to carry out elections, regardless of the amount of money involved and any possible fall-out resulting from the by-election.
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