The Ipoh High Court on Monday referred to the Federal Court to decide on whether a state assembly Speaker or the Election Commission has the final say in determining the vacating of a seat.
The High Court made the decision during a hearing on two applications relating to Perak Speaker V. Sivakumar over a suit filed by three independents - Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu and Hee Yit Foong- who are seeking a declaration that they have not resigned and were still elected representatives.
Earlier, Sivakumar’s lawyers had asked High Court Judicial Commissioner Ridwan Ibrahim for a stay on Monday’s decision pending an appeal but the request was denied.
At 2.30pm Monday, lawyers for the three independent Perak assemblymen will submit a draft of questions to Ridwan to be referred to the Federal Court.
Sivakumar is also facing another suit by Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six exco members who are challenging the Speaker’s decision to suspend them from the state assembly.
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