GEORGE TOWN: The Penang state government's proposal to table a motion in the state assembly to vacate the seats of four assemblymen contravenes the anti-party hopping law, says Senator Datuk Seri Dr Dominic Lau.
"There is a big difference as the law says an MP will not lose his seat if he is sacked or his party is dissolved.
"As such, the state's move to remove the four assemblymen in the coming sitting is unconstitutional," the Penang Perikatan chairman said on the position of Zulkifli Ibrahim (Sungai Acheh), Dr Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam) and Zolkifly Md Lazim (Telok Bahang).
The four Bersatu assemblymen, who were elected under the Pakatan Harapan ticket in 2018, quit the coalition in 2020.
Chief Minister Chow Kon Yeow had said that a motion would be tabled on March 6 during the 14th state assembly sitting following a Federal Court decision which ruled that Article 14A of the State Constitution was valid.
An application by the four assemblymen with the High Court for an injunction to prevent the Penang state assembly from tabling a motion to vacate the seats until an appeal is heard was dismissed on Thursday (March 2).
Judicial Commissioner Azizan Md Arshad ruled that the courts had no power to interfere with the internal management of Parliament and any state legislative assembly.