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Published: Wednesday June 19, 2013 MYT 9:58:00 AM
Updated: Friday July 12, 2013 MYT 11:53:11 AM

Judicial Review application filed to declare appointment of ministers unconstitutional

KUALA LUMPUR: Ipoh Barat MP M. Kula Segaran is filing a judicial review application seeking a declaration that the appointment of two ministers and three deputy ministers last month was unconstitutional.

Kula Segaran, 56, is applying for an order that Datuk Seri Abdul Wahid Omar, Datuk Paul Low Seng Kuan, P. Waythamoorthy,Datuk Dr J. Loga Bala Mohan and Datuk Ahmad Bashah Md Hanipah were not entitled to hold the positions under Article 43 of the Federal Constitution.

The national DAP vice chairman, who is also a practicing lawyer, alleged that the appointments on May 15 were unconstitutional and should be declared null and void and of no effect.

He is also applying that all emoluments, privileges and other pecuniary advantages obtained by the respondents be refunded by each of them to the Government within seven days from the date of the order.

Kula Segaran filed the application at the High Court Registry through Messrs A. Sivanesan & Co Wednesday.

The plaintiff claimed that under Article 43(2)(b) and Article 43A(1) of the Federal Constitution, ministers and deputy ministers must be appointed from among the members of either House of Parliament.

He said the respondents were appointed as ministers and deputy ministers respectively on May 15 without first being sworn in as the members of either House of Parliament.

Abdul Wahid and Low are Ministers in the Prime Minister's Department while Waythamoorthy is a Deputy Minister in the PM's Department.

Dr Loga is the Federal Territories Deputy Minister and Ahmad Bashah is the Domestic Trade and Consumer Affairs Deputy Minister.

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Tags / Keywords: Judicial Review, Application, Declare, Appointment, Ministers, Unconstitutional


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