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Friday, March 27, 2009

> Perak Speaker vs Election Commission

The Kuala Lumpur's High Court today fixed May 28 to hear a leave application on a judicial review by Perak speaker V Sivakumar against three BN-friendly independents and the Election Commission.

The court also fixed the same hearing date for another similar action filed by three Pakatan's exco members and three voters from the state.

The hearing date was decided by Justice Lau Bee Lan in chambers after meeting Sivakumar's five counsel led by Sulaiman Abdullah. Senior federal counsel Azizah Nawawi and Amarjeet Singh represented the Election Commission.

The leave application sought by Sivakumar's counsel and the three Pakatan state exco members is a normal procedure at the High Court to determine if the court can hear the applicants' application.

In Sivakumar's application, the speaker sought an order for the three BN-friendly assemblypersons to present authorities or powers stipulating they are still elected representatives for Behrang, Changkat Jering and Jelapang.

He named Jamaluddin Mohd Radzi (Behrang Assemblyperson), Mohd Osman Mohd Jailu (Changkat Jering), Hee Yit Foong (Jelapang) and the Election Commission as respondents.

In addition, he is seeking:

that the three state seats be declared vacant and cleared following the resignation of the three representatives from Pakatan;

an injunction against the three respondents or their agents to make a representation that they are the rightful elected representatives and are responsible, with the functions and job as a state assemblypersons;

an order of certiorari to quash the EC's decision not to call for by-elections in Behrang, Changkat Jering and Jelapang;

an order of mandamus (to compel) the EC to hold by-elections in the three state seats; and

punitive, aggravated and exemplary damages from the court as a result of the course of the action and other relief sought and awarded by the court.

Back-up application

Azizah, when met after the proceedings, said that she would be making a preliminary objection on May 26 on two reasons, namely:

the applicants (Sivakumar and the other Pakatan excos) have no locus standi (no legal standing) to make the application,

there was no arguable case following the EC's decision not to call for elections.

She said the full arguments of the preliminary objection to oppose the action would be made known then.

Sivakumar had filed the application on March 10 in his personal capacity to ensure that he can appear in court or appoint his own lawyers to represent him and not be represented by the Perak state legal advisor Ahmad Kamal Md Shahid, as was the case in Perak.

The other review application was filed by three ousted Pakatan Rakyat exco's namely A Sivanesan (Sungkai), Tai Sing Ng (Kuala Sepetang) and Chen Fook Chye (Keranji) along with three voters, one each from the constituency of Behrang, Changkat Jering and Jelapang.

The three voters are Ahmad Sabri Wahab, Ahmad Latip Ariffin and Foo Hong Wai representing the three constituencies where their three assemblypersons had become BN friendly representatives.

All six named the Radzi, Osman, Hee and the commission as respondents. The application was filed by the law firm Chooi & Co.

The second application is in fact serves as a back-up, just in case Sivakumar would not be allowed to be represented as in his other case in Ipoh.

In Ipoh, the three BN-friendly independents have sued Sivakumar for wrongly declaring their seats vacant and calling for by-elections. The EC however overruled the speaker and decided that the three remained state reps - Malaysiakini.