Saturday, 21 February 2009 11:08am | Jaspal Singh | NST
Several lawyers said the BN could table a substantive motion in the Perak state legislative assembly by asking Speaker V. Sivakumar to reconsider his decision. The suspended members could also file for a judicial review of his decision in the High Court.
Of the two options, the lawyers agreed that it would be better for BN to seek a judicial review.
"It is not going to be easy to move a motion especially if it is against the speaker... anyway what is the use of moving a motion when the BN no longer commands the majority in the assembly (during the suspension)," said a lawyer, who did not want to be named.
The lawyers also agreed that it would be useless to pursue this option because the speaker had the power to disallow the motion from being put before the assembly.
"Any ruling by the speaker, whether on a matter of interpretation or any practice, is final as stated in the Standing Order 89 of the Perak state legislative assembly," another lawyer said.
Of the two options, the lawyers agreed that it would be better for BN to seek a judicial review.
"It is not going to be easy to move a motion especially if it is against the speaker... anyway what is the use of moving a motion when the BN no longer commands the majority in the assembly (during the suspension)," said a lawyer, who did not want to be named.
The lawyers also agreed that it would be useless to pursue this option because the speaker had the power to disallow the motion from being put before the assembly.
"Any ruling by the speaker, whether on a matter of interpretation or any practice, is final as stated in the Standing Order 89 of the Perak state legislative assembly," another lawyer said.
The menteri besar and his exco members can seek leave from the High Court to file for a judicial review of Sivakumar's decision under Order 53 Rule 2 of the Rules of High Court 1980.
"There is a great chance that the court will grant the leave. From then on, BN must make sure that it can convince the court to declare the speaker's decision as ultra vires the constitution," a lawyer said.
The lawyer, however, pointed out the High Court judge may decide not to hear the matter alone as it is of constitutional importance.
He said the High Court may send the application for judicial review straight to the Federal Court to allow a full bench of judges to decide on it.
The lawyer, however, pointed out the High Court judge may decide not to hear the matter alone as it is of constitutional importance.
He said the High Court may send the application for judicial review straight to the Federal Court to allow a full bench of judges to decide on it.
Bar Council president Datuk Ambiga Sreenevasan, however, said the suspension cannot be challenged in court. "Regardless of whether the correct procedure was followed by the speaker and the Committee of Special Privileges, under Article 72 of the Federal Constitution, their conduct and the validity of the proceedings may be outside the jurisdiction of the courts."
In Pangkor, Bernama quotes Zambry as saying he and the six executive council members would take legal action to resolve the issue.
"There is no question of us having problems attending the sittings because the issue now is how he (Sivakumar) has acted," he said after attending a Farmers Day function .
"There is no question of us having problems attending the sittings because the issue now is how he (Sivakumar) has acted," he said after attending a Farmers Day function .
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