Court throws out challenge by PD voter against Danyal, EC

The Kuala Lumpur High Court today dismissed a judicial review application by Port Dickson voter Rosmadi Mohd Kassim to invalidate former MP Danyal Balagopal Abdullah's resignation and the Election Commission's (EC) decision to call for a by-election.

Justice Nordin Hassan refused to grant leave for Rosmadi's application be heard on its merits.

According to lawyer Ranjit Singh for Danyal and senior federal counsel Amarjeet Singh for the EC, the judge decided that based on Article 51 of the Federal Constitution, Danyal can resign as long as he signs a letter and hands it to the speaker.

Article 51 states that "a member of either House of Parliament may resign his membership by writing under his hand addressed, if he is a member of the Senate, to the President of the Senate, and if a member of the House of Representatives, to the Speaker of that House".

Amarjeet said it had been stated in the letter that Danyal had resigned voluntarily. 

Amarjeet said: "The application is dismissed with no order as to costs."

The decision was made in chambers.

Another challenge

Rosmadi's lawyer M Reza Hassan said he will take instructions on whether to appeal.

He added that an application by another Port Dickson voter who wanted to challenge the legality of the royal pardon given to Anwar and his eligibility to contest in the by-election has been fixed for Friday.

It was reported that Rosmadi, 56, sought to bring a challenge against Danyal and the EC to declare the resignation 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 had sought a declaration that the EC’s decision to announce the seat vacancy was wrong by law, as well as an injunction to stop the commission from holding the by-election on Oct 13.

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

He had then filed the judicial review application on the grounds that Danyal had violated the oath he had taken as an MP, when he announced on Sept 12 that he was resigning to facilitate Anwar's return to Parliament. 

This, Rosmadi said, showed that Danyal had pledged his loyalty to Anwar rather than Malaysians, and that he had betrayed the trust of Port Dickson voters, as the former army man was neither a bankrupt nor physically unable to carry out his duties as an MP. 

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

"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 had 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 resignations should not be a political strategy, as it would destroy the democratic institution. - Mkini