Abu Hasan Sharif, whose position as Kota Siputeh assemblyperson in Kedah is being disputed in the state assembly, can attend the state assembly budget sitting tomorrow.
This follows the Federal Court setting aside today a stay order issued to Kedah speaker Abd Isa Ismail by the Court of Appeal less than two weeks ago to continue to bar Abu Hasan from attending assembly sittings.
The order by the Court of Appeal on Nov 2, which was unanimous, was given under special circumstances following fears that the Federal Court may overturn the Court of Appeal's position
that declared Abu Hasan is still an assemblyperson.
Today's decision was unanimous, with the three-member Federal Court panel led by Chief Judge of Malaya Zulkefli Ahmad Makinuddin ruling that the court cannot stay a declaratory order and there was no special circumstance for the appellate court to grant the order.
"Following this, the stay order by the Court of Appeal is set aside," Justice Zulkefli said.
The other judges on the panel are Hashim Yusof and Ahmad Ma'arop.
Barred from legislature for 21 months
Abu Hasan, who is a BN representative (from Umno) in the Pakatan Rakyat-controlled Kedah state assembly, was present at today's proceeding and said he would attend tomorrow's sitting as Kota Siputeh assemblyperson.
"I have not been allowed to attend the assembly for 21 months, following the decision by the High Court in Kuala Lumpur in 2009 that declared the seat vacant," he said.
"I will return and represent the constituents of Kota Siputeh in the assembly," Abu Hasan added.
His lawyers, Firoz Hussein Ahmad Jamaluddin and Mohd Hafarizam Harun, hoped the Kedah assembly speaker would allow Abu Hasan in without causing any problem.
"Please respect today’s court decision," Hafarizam said.
[More to follow]
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.