4 assemblymen seek to challenge Penang’s anti-hopping law

 

In 2012, the Penang state assembly passed Article 14A declaring a seat vacant if an assemblyman is sacked or joins another political party. (Bernama pic)

PUTRAJAYA: Four Penang assemblymen have filed an action to challenge the competency of the state legislative assembly to pass an anti-hopping law.

Zulkifli Ibrahim (Sungai Acheh), Dr Afif Bahardin (Seberang Jaya), Khaliq Mehtab Ishaq (Bertam) and Zolkifly Lazim (Telok Bahang) want a declaration from the apex court that Article 14A of the state constitution is invalid and unconstitutional.

In their notice of motion, they claim that the legislative assembly had no power to enact the provision.

The four have named the Penang state legislative assembly, its speaker Law Choo Kiang, and the Penang and federal governments as respondents.

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The legal challenge, which has been filed under Article 4 of the Federal Constitution, require the applicants to obtain leave from a Federal Court judge.

Lawyer A Surendra Ananth, a member of a legal team representing the speaker and the state government, said the leave application would be heard on Dec 16.

This is the second action which the four are bringing to challenge the anti-hopping law which the state assembly passed in 2012.

In 2020, the four filed an originating summons against the speaker and the legislative assembly to challenge the constitutionality of Article 14A(1) of the Penang state constitution and stop their four seats from being declared vacant.

Article 14A stipulates that a state assemblyman should vacate his seat if he resigns, is stripped of his membership, ceases to be a politician, or is chosen as a candidate by another political party.

On April 12, judicial commissioner Azizan Md Arshad allowed an application by the speaker and the legislative assembly to refer questions to the Federal Court on the constitutionality of the state’s anti-hopping enactment.

Both wanted the Federal Court to decide whether Article 14A was void on the ground that it was inconsistent with Article 10(1)(c) of the Federal Constitution.

The Federal Court, on Aug 3, ruled that Article 14A of the Penang state constitution was valid and consistent with Article 10(1)(c) of the Federal Constitution. - FMT