Apex Court to decide on constitutionality of Penang's Anti-hopping law

PUTRAJAYA - The Penang state assembly and its speaker were allowed to refer a question to the Federal Court to decide on the constitutionality of the state's anti-hopping law.

The state assembly and its speaker want the Federal Court to decide on the question on whether Article 14A of the Penang state Constitution is void as it was inconsistent with a Article 10 (1) (c) of the Federal Constitution on the constitutional right to freedom of association.

Penang High Court Judicial Commissioner (JC) Azizan Md Arshad yesterday allowed the referral application brought by the state assembly and its speaker under Section 84 of the Courts of Judicature Act 1964.

In his decision, he gave the nod to the applicants to refer the constitutional question to the Federal Court after deciding that they have fulfilled the basic requirements under Section 84.

The Penang state assembly and Speaker Datuk Law Choo Kiang wanted the constitutional question to be referred to the Federal Court on the basis that the decision on the subject matter in the case of Nordin Salleh vs Dewan Undangan Negeri Kelantan (State Legislative Assembly of Kelantan) which was decided in 1992, should be argued further.

Justice Azizan, in his decision, had also said the case of Abdul Karim Abdul Ghani vs Legislature of Sabah Involving issues on disqualification of a member of state legislative assembly under Article 74(4) of the Federal Constitution, ought to be determined by the Federal Court.

He said this is because the arguments by the state assembly and the speaker were premised on the power of the state to enact laws on the qualification of members of the state assembly.

Four Assemblymen Zulkifli Ibrahim (Sungai Acheh), Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam), and Zolkifly Md Lazim (Telok Bahang) had filed three writs of summons in 2020 against the state assembly and its speaker to challenge a motion introduced in October 2020 for the four to vacate their seats and by-elections to be held.

Zulkifli and Afif were sacked from PKR in 2020 while Khaliq and Zolkifly are members of Bersatu.

Article 14A of the Penang State Constitution states that a state assemblyman shall vacate his seat if having been elected as a candidate of a political party, he resigns or is expelled from a party or having been elected otherwise than as a candidate of a political party, he joins another political party.

The state assembly and its speaker, who were represented by Datuk Malik Imtiaz Sarwar and Surendra Ananth, had filed the application to refer the question to the Federal Court last year.

The assemblymen were represented by lawyers D.P. Naban and Rosli Dahlan.

The tabling of the motion for the four to vacate their seats has been put on hold pending disposal of their suits. - BERNAMA