PD voter files for review of Danyal's resignation, seeks to stop by-election

A Port Dickson voter filed a judicial review application at the Kuala Lumpur High Court yesterday to challenge the decision by his constituency’s outgoing MP Danyal Balagopal Abdullah (photo) to vacate the seat, as well as the calling of a by-election in the constituency next month.  

Rosmadi Mohd Kassim, 56, named Danyal and the Election Commission (EC) as respondents in the application filed by law firm Raja Riza and Associates.

Rosmadi, who is a registered voter in Port Dickson, asked leave of the High Court to declare Danyal's resignation invalid and therefore null and void.

He also requested leave for a certiorari to quash the EC's notice dated Sept 20 to hold the by-election.

Rosmadi is seeking a declaration that the EC’s decision to announce that the seat is vacant is wrong by law, as well as an injunction to stop the commission from holding the by-election on Oct 13.

The hearing for leave has been fixed on Oct 2.

In his application, Rosmadi said he had lodged a police report on Sept 24 regarding Danyal's resignation.

He then filed the judicial review application on the grounds that Danyal had violated the oath he took as an MP on July 16, when on Sept 12, the incumbent stated his reason for resignation as paving the way for incoming PKR president Anwar Ibrahim. 

This, Rosmadi said, showed that Danyal favoured his loyalty to Anwar over Malaysians and a betrayal of Port Dickson voters' trust, as the former army man was not a bankrupt or physically incapacitated from doing his job as an MP. 

The voter added that Danyal's election promises had resulted in him winning the seat with a 17,710 majority against the PAS and BN candidate.

"Danyal's resignation is not bona fide and against the provision of the Federal Constitution, as it is politically motivated and against public policy," he said in the application.

"Article 51 of the Federal Constitution gives an MP the opportunity to relinquish his post, but it should be balanced by public interests," he said, adding that such resignation should not be a political strategy, as it would destroy the democratic institution.

Rosmadi said that if Danyal is not interested to be a candidate then he should not have contested in the last general election.

He also alleged that the EC violated the statutory duty of its formation, as it should determine if the MP's resignation is constitutional or not, before declaring the seat vacant and calling for a by-election.

Rosmadi claimed EC failed to investigate whether Danyal's resignation is in line with the constitutional provisions and is valid.

Hence, he further alleged, Danyal's resignation to pave the way for Anwar to be an MP and then be the PM is wrong in law and that the EC acted ultra vires to declare the vacancy and call for the by-election.

"Hence there is a prima facie case, for this judicial review application, as it is not an abuse of the court process," said the applicant, adding that if the injunction and his application is allowed, it would save huge costs in running a by-election. - Mkini