KUALA LUMPUR, Jan 14 — Pakatan Rakyat’s (PR) last-ditched attempt to recapture Perak through the courts was thwarted today after the High Court dismissed an application to review the Election Commission’s (EC) refusal in 2009 to call for by-elections in three state constituencies.
The three assemblymen — Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu and Datuk Hee Yit Foong — had caused the fall of PR in Perak when they left the coalition to become Barisan Nasional-friendly independents.
The High Court’s decision today brings a final end to the long drawn-out constitutional crisis that rocked the northern state in 2009.
Justice Datuk Aziah Ali delivered her decision in chambers this afternoon without giving grounds for dismissal, but counsel for both the plaintiffs and defendants noted that the judgment would be given at a later date.
“The application was dismissed with costs to be taxed.
“But no grounds were given. We have to wait for the grounds,” said Datuk Ambiga Sreenavasan, one of the counsel representing the seven plaintiffs, to reporters outside the courtroom later.
Ambiga added that she had also earlier withdrawn an application to remove one of the plaintiffs — Abdul Latif Arifin — as an applicant in the case as he was not a voter in Changkat Jering, one of the three constituencies.
Aziah had refused Ambiga’s application on November 23 last year and senior federal counsel Datuk Kamaluddin Md Said had then urged the court to dismiss the judicial review application altogether as the applicant was not a voter in the constituency concerned.
When approached by reporters, Kamaluddin said the court would likely deliver its grounds at a later date.
“No grounds were given but I believe the court will write because this is an important case of public interest,” he said.
On October 22, 2009, the applicants were granted leave for a judicial review application to quash the EC’s decision in not declaring the Behrang, Changkat Jering and Jelapang state seats as vacant despite receiving the resignation letters from Jamaluddin, Mohd Osman and Hee.
The applicants were former Perak Speaker V. Sivakumar, who is also Tronoh assemblyman, Keranji assemblyman Chen Fook Chye, Kuala Sapetang assemblyman Tai Sing Ng and Sungkai assemblyman A. Sivanesan, and three voters, Ahmad Sabry Wahab (Behrang), Abdul Latif and Foo Hon Wai (Jelapang).
In their application, the seven named the EC, Jamaluddin, Mohd Osman and Hee as respondents.
They were seeking for the court to compel the EC to declare casual vacancies in the three Perak seats due to the trio’s resignations, and an injunction to stop them from acting and carrying out their functions as state assemblymen.
The trio’s departure from their respective PR parties of PKR and the DAP triggered the infamous year-long constitutional impasse in Perak, which was formerly helmed by the coalition following Election 2008.
Their decision to leave PR and remain as Barisan Nasional-friendly independents had caused PR’s fall in Perak as it no longer commanded the majority seats in the House.
After Election 2008, PR had a three-seat edge over BN in the 59-member state assembly.
The state has since returned to the hands of BN and is currently helmed by Umno’s Datuk Zambry Abd Kadir as mentri besar after PR failed in its countless attempts to seek legal redress for what it claimed had been an unconstitutional attempt by the ruling coalition to recapture power over the state. - Malaysian Insider
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