KUALA LUMPUR: MIC vice-president Datuk C. Sivarraajh is allowed to attend Dewan Rakyat proceedings until his appeal process against the recent Election Court decision to nullify his Cameron Highlands victory is completed.
Dewan Rakyat Speaker Datuk Mohamad Ariff Md Yusof made the ruling on Monday that Sivarraajh has 14 days from the Court's Nov 30 decision to file an appeal to the Federal Court.
Once the appeal process in the Federal Court is completed, then an acknowledgement will be issued to the Election Commission (EC) on the decision, which will then warrant the Commission to declare the seat vacant or otherwise.
"As long as there is no notice from the Court, the EC will not declare the seat empty.
"As such, Cameron Highlands (Sivarraajh) is eligible to attend the Dewan Rakyat proceedings because this is not a situation where the seat is declared vacant due to extraordinary circumstances which forces the Speaker to give a notice to the EC instead.
"Therefore, the power is in the hands of the Court to inform the EC (if the seat is declared vacant).
"In this case, since Cameron Highlands said he will appeal the decision of the Election Court, he is still considered an MP until the appeal process is over," said Mohamad Ariff.
Last Wednesday (Dec 5), Mohamad Ariff ordered Sivarraajh to leave the Dewan Rakyat after Jelutong MP RSN Rayer raised the matter with the Speaker if Sivarraajh had obtained a stay order against the High Court (Appellate and Special Powers) decision on Friday (Nov 30).
To this, Mohamad Ariff told Sivarraajh to get advice from his lawyers and inform the Speaker's office.
Sivarraajh said he will meet his lawyers, get clarification and meet the Speaker after that.
Last Thursday (Dec 6), several Barisan Nasional lawmakers staged a mini walkout after Mohamad Ariff was adamant in not allowing Sivarraajh into the House.
However Mohamad Ariff said he has spoken to Sivarraajh and his lawyers on Thursday and would make a ruling on Monday (Dec 10) once he had studied the Court's judgment and all documents pertaining to the case.
The Election Court nullified Barisan Nasional's victory in the Cameron Highlands parliamentary seat in GE14, paving a way for re-election after finding elements of corruption.
High Court (Appellate and Special Powers) judge Justice Azizah Nawawi said DAP's M. Manogaran, who is the petitioner, had established beyond reasonable doubt that bribery was proven during the election.
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