Nga sues Noh Omar over projects cancellation where BN lost

DAP lawmaker Nga Kor Ming has filed an application against Urban Wellbeing, Housing and Local Government Minister Noh Omar to challenge his instruction to cancel local council projects in parliamentary constituencies where BN lost.

The lawsuit was filed by law firm Leong & Tan at the High Court in Ipoh today, naming Noh and Local Government Department director-general Abu Bakar Johar as respondents.

Nga has claimed that the respondents who are supposed to serve the people have acted ultra vires (beyond the powers).

He said Nga and Abu Bakar had the intentions to punish the constituents for their political inclination and views, although such rights are guaranteed under the Federal Constitution.

Abu Bakar had issued a letter dated March 17 to scrap the approvals for local government projects for the year 2017 at non-BN constituencies.

The directive applies to all BP 1 projects, which according to the ministry's website, refers to small scale infrastructure projects at the local council level.

Abu Bakar said the decision was made in a meeting on March 9 to "streamline allocations for BP 1 projects" for the year 2017, attended by the minister and all mayors and heads of local governments.

In the letter, he said local governments are instructed to "cancel all BP 1 projects for the year 2017 approved in local governments in parliamentary constituencies held by non-BN parties".

In his affidavit in support of the application, Nga said the respondents' decision to issue the letter was meant to punish these constituencies and was made for an improper purpose with political motive.

"The respondents have also fettered their own discretion as no matter how meritorious or beneficial a BP 1 project may be in a constituency held not by BN, it would not be approved," he added.

"The issuance of the letter is irrational, outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided, could have arrived at it."

Nga sought the court to compel the respondents to cancel or withdraw the March 17 letter and prohibit the respondents from issuing a similar instruction.- Mkini