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Friday, March 27, 2009

High Court to hear Sivakumar’s suit against EC on May 28

By suarakeADILan English Team | 27 March 2009

A lawsuit filed by Perak Speaker V Sivakumar and six others to compel the Election Commission to hold fresh election in Behrang, Changkat Jering and Jelapang will be heard on May 28.

High Court judge Lau Bee Lan fixed the date after the matter came up for mention in chambers today.

Three Pakatan Rakyat assemblymen - Chen Fook Chye, Tai Sing Ng, A Sivanesan - and three voters - Ahmad Sabry Wahab of Behrang, Abdul Latif Ariffin of Changkat Jering and Foo Hon Wai of Jelapang - had along with Sivakumar filed for the judicial review.

They want a declaration that the Behrang, Changkat Jering and Jelapang state seats are vacant following the resignations of Jamaluddin Mohd Radzi, Mohd Osman Jailu and Hee Yit Foong respectively.

They are also seeking an injunction to stop trio from acting and carrying out the functions and duties of assemblymen and a writ of “quo warranto” to compel them to show why they were still representatives of their constituencies and can carry out the responsibilities, functions and duties of assemblymen.

A team of five lawyers led by Sulaiman Abdullah appeared for the applicants while senior federal counsel Azizah Nawawi and Amarjeet Singh appeared for respondents the EC and the three independent assemblymen.

Jamaluddin and Osman won their seats on KeADILan tickets and Hee under the DAP banner in the March 2008 general election. Last month, they left their parties and pledged support for Barisan Nasional, leading to the collapse of the Pakatan Rakyat coalition government in Perak.

On Feb 3, Sivakumar notified the EC that the three seats were vacant after receiving resignation letters from the three. The EC, however, doubted the resignations and refused to hold by-elections in the constituencies.

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