Judicial review expected in Nenggiri seat vacancy dispute

SHAH ALAM - The Kelantan state legislative assembly speaker Datuk Mohd Amar Nik Abdullah announced on Wednesday that the Nenggiri state seat is now vacant, a widely anticipated move.

Lawyer Haniff Khatri Abdulla remarked that this outcome was expected due to Amar’s role as a political appointee, holding the position of Pas vice president.

Haniff explained that this controversy stems from the Constitutional (Amendment) Act (No 3) 2022 (Act A1663), which bans party hopping by Members of Parliament but has many flaws, particularly regarding the Speaker's authority in declaring parliamentary or state seats vacant.

"This situation is very complicated, and now we can see many things are not right because the Speaker's position is a political appointment.

"When the Speaker is a political appointee, his decisions will be biased and tainted with political interests," Haniff told Sinar Premium.

He noted that he was not surprised by the Speaker’s decision to declare the Nenggiri seat vacant after its incumbent, Mohd Azizi Abu Naim, ceased being a Bersatu member.

Haniff suggested that the Dewan Rakyat and Selangor state assembly Speakers might make different decisions regarding former MPs and state assembly members from Bersatu, as they are strong supporters of Pakatan Harapan (PH) and Prime Minister Datuk Seri Anwar Ibrahim.

Haniff stressed that the issue will only be resolved once the judicial review case brought by Azizi is addressed in court.

He dismissed claims that the Kelantan state assembly speaker's decision is immune to court challenges.

"If a decision is made during proceedings in the state assembly or Parliament, it indeed cannot be challenged in court. But if the decision relates to an application to vacate a seat according to Article 49A of the Federal Constitution and Article 31A of the Kelantan State Constitution, which is a judicial decision by the speaker and outside the proceedings of the House, it can be challenged and reviewed in court," he clarified.

Last November, Bersatu’s attempt to initiate a judicial review in the Kuala Lumpur High Court, challenging Dewan Rakyat Speaker Tan Sri Johari Abdul's decision not to vacate four parliamentary seats in Sabah, was unsuccessful.

Judge Datuk Amarjeet Singh stated that the court was bound by a Federal Court decision and could not question the speaker of the House of Representatives' decision based on Article 63 of the Federal Constitution.

Earlier, in January 2023, Johari decided there was no vacancy for the four parliamentary seats won by former Bersatu members in Sabah under the Gabungan Rakyat Sabah (GRS) ticket in the 15th General Election.