KUALA LUMPUR (Nov 23, 2009) : The Election Commission (EC) has failed to get a stay of the High Court ruling declaring the Kota Siputeh state seat vacant.
|
|
The EC will have to issue the writ for a by-election by Wednesday if it does not get the stay order.
Justice Alizatul Khair Osman Khairuddin, in her decision, agreed with lead counsel Sulaiman Abdullah, for Kedah state assembly Speaker Datuk Dr Abdul Isa Ismail, that the EC had failed to convince the court on the issue of the special circumstances to allow the stay.
She said the argument of financial implication forwarded by senior federal counsel Datuk Kamaruddin Md Said, for the EC, did not fall within special circumstances for granting the application.
"It is their ordinary duty under the law to conduct the election and the EC did not cite any case laws to support this argument," she said.
Alizatul on Nov 16 declared the seat vacant after ruling that its state assemblyman, Datuk Abu Hassan Sharif, was no longer holding the seat after failing to attend two consecutive meetings of the state assembly without leave.
On Sept 1, Kedah assembly speaker Datuk Isa Ismail filed for a judicial review after the EC accepted Abu Hassan's medical certificate for his absence from the meetings and declared that there was no vacancy for the seat and the BN assemblyman was still representative of the constituency.
Besides the stay application, the EC and Abu Hassan have also filed appeals to the Court of Appeal.
In the landmark decision, Alizatul also ordered the EC to call for a by-election for the vacant seat. In rejecting the application, Alizatul said the law did not provide for a stay of a declaration.
She said Kamaluddin had also failed to provide case laws to assist her in the matter whereas Sulaiman had.
"The court will be very cautious to grant a stay over the constitutional duty conferred on the Election Commission," she said.
Therefore, she ruled that the court could not allow for the application for a stay, Bernama reported.
Among those present was Abu Hassan.
According to the Elections Act 1958, the EC has 10 days to convene a special meeting to call for an election once the seat is declared vacant. That deadline ends tomorrow since the court decision was made on Nov 16.
|
|
Meanwhile, Hemananthi Sivanandam quoted BN-Jerlun MP Datuk Mukhriz Mahatir as saying that although the party is disappointed with the decision of the High Court, it is ready to face a by-election.
"We are making the preparations for any eventuality and in any case if the decision is not in our favour, we will be ready to face the by-election," said Mukhriz.
Asked if he was ready to be a candidate for the constituency as speculated by some Umno bloggers, Mukhriz said he was willing to acccept the decision of the leadership.
Umno information chief Datuk Ahmad Maslan said regardless of the decisions of the appeals, the party is ready with the election machinery for a by-election. If it takes place, this will be the country’s 10th by election since the general election last year.(Source: Sun2Surf)
No comments:
Post a Comment