Court orders EC to call for Kota Siputeh by-election

The High Court has ordered the Election Commission to call a by-election for the Kota Siputeh state seat in Kedah.

The KL High Court (Appellate and Special Powers) ruled that Datuk Abu Hassan Sarif is not the assemblyman for the constituency and declared his seat vacant because he was absent for two consecutive assembly meetings this year.

Kedah Speaker Abdul Isa Ismail sought a judicial review of the Election Commission’s decision to retain Abu Hassan as the assemblyman.

Abdul Isa wants the court to declare that Abu Hassan was no longer the assemblyman following his failure to attend two consecutive sittings of the state assembly on April 19 and Aug 9 and that the seat was vacant. He is also seeking an order for the commission to call for a by-election.

Abdul Isa filed for judicial review on Sept 1, after the Commission decided that there was no vacancy in the Kota Siputeh seat and that Abu Hassan was still the assemblyman.

The High Court on Monday described the Commission decision that the seat was not vacant and that Abu Hassan was still its assemblyman as "irrational."

It set Nov 20 to hear a stay application.


comments

Decision will be reversed on appeal!!! Any one dare wager a bet?? This is typical Malaysian judiciary at work here!!!

UMNo always win on appeal...shit!! Malaysia boleh at it's worse!!

now the court rules that EC has no power after all. But hey, in Perak, EC also rules that Siva has no power to declare the seats vacant and the high court agreed. How come?

How come these two scenarios differ?

This is what the people want to hear. The EC clearly erred in law and refuse to admit it. It makes the people perceive they are beholden to the ruling party. Perhaps the post of EC Commissioner should not be appointed by govt but by parliament and acceptable to all.