KUALA LUMPUR, Oct 30 – The High Court here today granted leave to the Kedah State Assembly Speaker, Datuk Dr Abdul Isa Ismail, to challenge the Election Commission (EC) for failing to hold a by-election in Kota Siputeh after it declared the seat vacant.
Judge Datuk Alizatul Khair Osman Khairuddin also set Nov 6 for mention.
Pakatan Rakyat’s (PR) Abdul Isa had written to the national election body in mid-August to inform it that the state seat was no longer occupied because the incumbent had breached a state law.
Under Article 51 of the Kedah constitution, any member of the state assembly who fails to attend an assembly sitting twice in a row without the speaker’s permission shall vacate his seat.
Umno’s Datuk Abu Hassan Sarif, who has held the Kota Siputeh seat for the past four terms, had been absent without leave on April 9 and Aug 9.
Though he later apologised for being absent on Aug 9, claiming he was sick and handed in a medical chit as proof, Abdul Isa refused to accept the explanation.
The speaker told a press conference on Aug 20 that he was suspicious because he only received Abu Hassan’s faxed explanation letter and doctor’s certificate on Aug 12 despite being advised days earlier to take leave and rest.
“In this regard, the YB Kota Siputeh had clearly contravened the State Constitution, and hence a by-election should be called,” Bernama reported Abdul Isa as saying then.
However, the EC chief, Tan Sri Abdul Aziz Mohd Yusof had announced on Sept 1, that the seat was not vacant and that Abu, who had won it in the March 8 general election last year, was officially still its representative.
At that press conference, Abdul Aziz also pointed out that the Kedah Sultan had declared April 19 to be the fifth sitting in the first session and Aug 9 as the first sitting in the second session, which signalled that the Umno man did not break the state law as the speaker claimed.
Abdul Isa is also suing the Kota Siputeh assemblyman for not vacating his seat.
Senior federal counsel, Suzana Atan, stood for the EC. But Abu Hassan was unrepresented in court today.
Veteran lawyer Sulaiman Abdullah, who is acting for the Kedah speaker, told the court today that the next state legislative assembly is due to start on Nov 17 and hopes the problem can be fixed by then.
The judge pointed out that the disputed assemblyman was unrepresented and decided to only fix the case for mention to give all parties more time to file in their documents in support of their respective defence.
The speaker surprised the media when he turned up in the courtroom alone. He left without making any statements to the press.
Show/Hide comments
Show/Hide comment form
