Perak Speaker sues three independent reps, EC

KUALA LUMPUR: Perak State Legislative Assembly Speaker V. Sivakumar has filed a suit against three independent assemblymen and the Election Commission, seeking a judicial review.

He filed the suit personally at the High Court (Appellate and Special Powers Division) Registry at 3.40pm here Tuesday.

He told reporters that the House had received resignation letters on Feb 1 from assemblymen Mohd Osman Mohd Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang), and another letter two days later from Jelapang’s Hee Yit Foong.

“I had furnished the three resignation letters to the Commission together with a letter stating that the three assemblymen had tendered their resignation, and I had applied to the Commission to hold by-elections within 60 days.

“Unfortunately, I later received a letter from the Commission saying that the decision was in doubt despite my having the power as Speaker; my application was rejected and by-elections were not called for the three state seats,” he said.

He claimed the situation showed that some overlap of powers existed and he came to the court to get justice.

In the suit, he named Jamaluddin as the first respondent, Osman the second, Hee the third and the Commission the fourth.

Sivakumar sought a writ of “quo warranto” to compel the three assemblymen to show grounds and give information how, and on what grounds or powers or authorities, they were still representatives of their constituencies and could carry out the responsibilities, functions and duties of assemblymen.

He also sought a declaration that the Behrang, Changkat Jering and Jelapang seats are vacant following the resignations of Jamaluddin, Osman and Hee, and an injunction to stop them from acting and carrying out the functions and duties of assemblymen.

He also wanted the court to grant an order to quash (certiorari) the Commission’s decision not to hold by-elections for the three state seats and issue a new order (mandamus) to force it to call for the by-elections.

Sivakumar, who is the Tronoh assemblyman, also sought punitive, aggravated and exemplary damages payable to him, and other relief.

Three voters from the three state constituencies (Ahmad Sabri Wahab, Abdul Latip Afiffin and Foo Hong Wai) and three assemblymen -- A. Sivanesan (DAP-Sungkai), Tai Sing Ng (PKR-Kuala Sepetang) and Cheng Fook Chye (DAP-Keranji) -- also filed similar suits against the three independent assemblymen and the Commission through Messrs Chooi & Co. -- Bernama