`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!


 


Wednesday, January 16, 2013

Jeyakumar loses appeal over 'MP funds'


The Federal Court has disallowed Sungai Siput parliamentarian Dr Michael Jeyakumar Devaraj’s appeal over his application for leave to challenge in court the government’s decision concerning distribution of the Special Constituency Allocation to members of parliament.

With this decision, the Court of Appeal’s ruling in October 2011, which had set aside a ruling in a lower court to grant the leave application to start the hearing, is maintained.

In a unanimous decision, the five-member panel led by Raus Sharif, the president of the Court of Appeal, ruled that the distribution of allocation falls under the executive’s management prerogative, and the court shall not interfere.

“We see no purpose for the High Court to grant leave for the purpose of investigation. The Court of Appeal is right to set aside (the decision), and we are of the same view (with the Court of Appeal),” he said.

“The issues raised are not judicially reviewable,” he ruled. 

However, the court made no order as to costs from Jeyakumar.

NONEJeyakumar (left) is represented by  counsel S Ambiga, while senior federal counsel Suzana Atan represented the respondents.

Jeyakumar had initiated the lawsuit when the Perak Development Office rejected his applications for constituency funds in October 2010.

This is the first time ever that an MP had filed such a lawsuit.

Leave was granted by High Court on Feb 25, 2011, but  the government filed an appeal a month later, and the Court of Appeal had overturned the lower court’s decision.

The director-general of the Implementation and Coordination Unit of the Prime Minister’s Department, the Perak Development Office director and the government were named as respondents.

Jeyakumar sought, among others, a declaration that the Special Constituency Alocation must be provided to all MPs equally, regardless of political affiliation, in accordance with Article 8(1) of the federal constitution.

Jeyakumar also sought a mandamus order to compel the director-general of the Implementation and Coordination Unit of the Prime Minister’s Department, Perak Development Office director and the government to explain their authority in disbursing the funds from the Special Constituency Allocation at their discretion and to specify the procedure for allocation of funding since 2008.

[More to follow]

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.