KANGAR: Three assemblymen have filed a judicial review against the state assembly speaker, contesting the recent declaration that three seats are vacant.
They are Guar Sanji assemblyman Mohd Ridzuan Hashim, Fakhrul Anwar Ismail (Bintong) and Saad Seman (Chuping), who were expelled from Pas on Dec 24.
This led the Perlis state assembly speaker Rus’sele Eizan to announce that the seats must be vacated.
In a joint media statement today, the trio said the speaker’s announcement on Dec 25 was made beyond his legal authority.
“In this matter, we respect the speaker’s views but believe the decision to declare the seats vacant is ‘erroneous and beyond the rules’.
“Consequently, we have filed a judicial review against the speaker as the first defendant and the Perlis state assembly as the second defendant, seeking the court to nullify the declaration,” they said today.
They said the action was taken in the interest of the public, as the absence of elected representatives for nearly two years before the next state election is seen as detrimental to voters in the affected constituencies.
“We seek a declaration that the action by the first defendant is beyond authority, null, invalid, and defective.
“In addition, we request any other relief deemed appropriate by the court,” they said.
They said the judicial review was filed through lawyer Mohd Jamil Yaacob of Tetuan Srihana Mohamad & Partners.
Meanwhile, Rus’sele, when contacted, said the assemblymen had every right to file the judicial review as it is their legal prerogative, and he was merely performing his duties as prescribed by the state constitution.
“That is their right (to file a judicial review), and if there is any avenue to appeal or any legal consideration available to them, I will allow it.
“Even if they win, it is not an issue because I am only carrying out my duties as speaker,” he said.
Rus’sele was reported as saying that he decided that there were vacancies that meet the requirements of Clause (1)(a)(ii), Article 50A of the Perlis Constitution for the three constituencies.
This was following the sacking of the assemblymen in question.
© New Straits Times Press (M) Bhd
