KUALA LUMPUR, Nov 20 – The High Court (Appelate and Special Powers) will deliver on Monday its decision on the stay application filed by the Election Commission (EC) against its Nov 16 ruling that the Kota Siputeh state seat is vacant.
Justice Datuk Alizatul Khair Osman Khairuddin set the date after hearing lengthy submissions from senior federal counsel Datuk Kamaluddin Md Said, representing the EC, and Sulaiman Abdullah, counsel for Kedah state assembly speaker Datuk Dr Abdul Isa Ismail.
The EC filed the application on Nov 17 after Alizatul declared the state seat vacant and ruled assemblyman Datuk Abu Hassan Sharif no longer held the seat after failing to attend two consecutive meetings of the state assembly without leave.
On Sept 1, Dr Abdul Isa filed for a judicial review after the EC accepted Abu Hassan’s medical certificate for his absence from the sittings and declared that there was no vacancy for the seat and that the BN assemblyman was still a representative of the constituency.
Besides the stay application, the EC and Abu Hassan also filed appeals to the Court of Appeal.
In the landmark decision, Alizatul Khair also had ordered the EC to call for by-election for the seat.
Kamaluddin in his submission told the court that if the stay application was not granted it would result in another costly by-election with the EC already having spent RM200,365 in last general election for the Kota Siputeh constituency alone.
“It’s a waste of taxpayers’ money, besides it will cause substantial injustice to the commission,” stressed Kamaluddin.
He urged the court to exercise its discretion in allowing the stay on the grounds that there were special circumstances in the application as there was the possiblity of there being two assemblymen for the seat if the court allowed the EC’s appeal after the by-election.
He added that besides the EC, other government agencies also would be involved in the by-election and that they would have to bear their own expenses.
Counsel for Abu Hassan, Datuk Mohd Hafarizam Harun who supported the EC’s stay application, agreed with Kamaluddin that there was the possiblity of further legal complications if the court denied the stay.
“If a new candidate is returned as the new assemblyman for the seat and if Abu Hassan wins his appeal, it will result in competing claims by two assemblymen over a single seat,” added Mohd Hafarizam.
Sulaiman, argued that the court should not allow the stay application since it is against her own decision. He said the matter involved a point of constitutional interpretation where the seat had been declared vacant.
“A stay of the court’s own order a few days after the order has been made will not be in the public interest,” submitted Sulaiman.
He added that the EC had failed to show the special circumstances to justify why the stay should be granted and as such, the court should dismiss the application. – Bernama
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