The High Court fixed March 27 to hear Perak Assembly Speaker V. Sivakumar’s application for a judicial review against three independent assemblymen and the Election Commission.
High Court judge Justice Lau Bee Lan postponed Friday’s review pending the Federal Court’s deliberation on the interpretation of Article 16 (6) of the Perak Constitution in former Perak mentri besar Datuk Seri Mohammad Nizar Jamaluddin’s case.
She made her decision after meeting Sivakumar’s lawyer Razlan Hadri and Senior Federal Counsel Azizan Md Arshad in chambers.
Razlan told reporters later that Lau made the decision following his application for a postponement as the cases were interrelated and that the decision of the Federal Court might affect the outcome of this case.
On Monday, the Federal Court will deliberate on whether the Sultan of Perak’s decision to not dissolve the assembly can be challenged.
The apex court will also determine the validity of the Sultan’s appointment of Datuk Dr Zambry Abdul Kadir as mentri besar. On March 10, Sivakumar had personally filed the suit against assemblymen Mohd Osman Mohd Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang).
He said that the House had received resignation letters on Feb 1 from Mohd Osman and Jamaluddin, and another letter from Hee two days later.
Sivakumar wants the three assemblymen to show on what grounds they could carry out the responsibilities, functions and duties of assemblymen.
He is also asking the court to quash the EC decision not to hold by-elections for the three state seats and issue a new order to force it to call for the by-elections.
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