Ex-PAS reps sue Perlis speaker over seat vacancy declaration

Ridzuan Hashim, Fakhrul Anwar Ismail and Saad Seman claim that Rus’sele Eizan acted beyond the powers conferred on him.

(From left) Former Perlis assemblymen Saad Seman, Fakhrul Anwar Ismail  and Ridzuan Hashim had their PAS memberships ‘terminated’ for retracting support for then menteri besar Shukri Ramli. (Bernama pics)

PETALING JAYA:

 Three former Perlis assemblymen, who have ceased to be PAS members, have filed legal action against state assembly speaker Rus’sele Eizan to challenge his decision declaring vacancies in their seats.

Ridzuan Hashim (Guar Sanji), Fakhrul Anwar Ismail (Bintong) and Saad Seman (Chuping) each filed a motion seeking a declaration that Rus’sele’s decision to declare their seats vacant was ultra vires, null, invalid, and defective.

In a joint statement today, they claimed that the speaker’s announcement was made beyond the powers conferred on him, Berita Harian reported.

On Dec 25, Rus’sele announced that the Chuping, Bintong and Guar Sanji seats were vacated as the trio were not sacked but had their PAS memberships “terminated” for retracting support for then menteri besar Shukri Ramli.

While no by-elections are mandatory as the state assembly automatically dissolves in two years, Rus’sele had said he would write to the Election Commission to ask for by-elections to be held as it was necessary to ensure political stability.

However, he retracted the request on Dec 31 after PAS pledged to support the new menteri besar, Abu Bakar Hamzah, of Bersatu.

Ridzuan, Fakhrul and Saad said while they respected the speaker’s view, they felt that his decision was “misguided” and fell outside his mandate.

”Therefore, we are filing these originating summons, with the speaker named as the first defendant and the Perlis state assembly as the second defendant, seeking a court order to nullify the declaration,” they were quoted as saying.

They also said the action was taken in the public interest, as the absence of assembly representatives for nearly two years before the next state election would negatively affect their constituents.

The summons were filed through their lawyer, Jamil Yaacob, of Messrs Srihana Mohamad & Partners.

Contacted by the daily, Rus’sele said the assemblymen have the right to file a suit. However, he maintained that he was merely carrying out his duties.

He also said he has yet to receive any notice or writ of summons from the trio. - FMT