KUALA LUMPUR: A Port Dickson voter is trying to stop the Election Commission (EC) from holding a by-election for the now vacant parliamentary seat.
Rosmadi Mohd Kassim has filed his application for a judicial review to challenge the decision by the incumbent MP Datuk Danyal Balagopal Abdullah to quit and force a by-election, claiming it was unconstitutional.
The registered voter in Port Dickson filed the ex-parte application through the law firm Messrs Raja Riza & Associates at the Kuala Lumpur High Court on Wednesday (Sept 26).
The 56-year-old named Danyal and the EC as respondents in the application. Rosmadi is asking the High Court to declare Danyal's resignation invalid, null and void.
In addition, he is requested leave for a certiorari to quash the EC's notice dated Sept 20 to hold the by-election.
Rosmadi is seeking a declaration that the EC’s decision to declare the seat vacant is wrong by law and for an injunction to stop the EC from holding the by-election on Oct 13.
Rosmadi stated in his application that he had lodged a police report on Sept 24 on Danyal’s resignation.
He said he filed the application based on the grounds that the first respondent had violated his oath of office as an elected MP.
He claimed the first respondent's reason to vacate his seat showed that the former upheld the interest of Datuk Seri Anwar Ibrahim more than the interests of Malaysians in general and Port Dickson constituents in particular.
Rosmadi said Danyal’s resignation was clearly against the wishes of the people of Port Dickson, who had voted for him in GE14.
The hearing for leave has been fixed for Oct 2 before Justice Nordin Hassan.
Danyal quit his seat on Sept 12 to make way for PKR president-elect Anwar to contest and return to Parliament. Nomination day has been set for Sept 29.
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