THE Penang High Court today dismissed a suit by four Penang assemblymen against the state legislative assembly and State Assembly Speaker Law Choo Kiang over a motion introduced in October 2020 for them to vacate their seats.

Judicial commissioner Azizan Md Arshad dismissed the suit by the assemblymen – Sungai Acheh assemblyman Zulkifli Ibrahim, Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam) and Zolkifly Md Lazim (Telok Bahang) – with no order as to costs.

“The Federal Court has already decided that article 14A of the state constitution is valid, so this court is bound by that decision,” he said when delivering the decision today.

Article 14A of the Penang state constitution states that a state assemblyman shall vacate his seat if having been elected as a candidate of a political party, he resigns or is expelled from a party or having been elected otherwise than as a candidate of a political party, he joins a political party.

As for their application that the motion against them was wrong, Azizan said the court cannot decide the matter as it falls under the jurisdiction of the state assembly.

He also said the court cannot grant an injunction against the defendants to prevent them from discussing the motion asking the plaintiffs to vacate their seats during the state assembly meeting.

“The court cannot prevent the defendants from exercising the powers given to them under the state constitution,” he said.

“The court cannot interfere and has no authority over the internal management of the state legislative assembly.”

After Azizan delivered the decision, lawyer Chetan Jethwani, representing the assemblymen, told the court that his clients intend to appeal the decision.

“We will also be submitting an application for an injunction to stop the defendants from tabling the motion until the disposal of this appeal,” he said.

On December 16 last year, Chief Justice Tengku Maimun Tuan Mat dismissed the leave application by the four assemblymen to challenge the competency of the state legislative assembly to pass an anti-party hopping law.

The assemblymen had filed the suit in 2020 to challenge the constitutionality of article 14A(1) of the Penang state constitution and to stop their seats from being declared vacant, pursuant to article 14A(1).

Chetan, when met outside the court, said his clients will file their appeal after the Chinese New Year holiday.

“This is because we believe that the judge has made an error in his decision on this,” he said.

“The question that we are posing is whether or not article 14A actually applies to these four assemblymen.

“The two Bersatu assemblymen never left the party and they remain in the party, while the two former PKR assemblymen did not leave the party but were expelled.

“Constitutional question aside, we respect the Federal Court’s decision on article 14A but for the state legislative assembly to disqualify the assemblymen based on this article, it doesn’t meet the criteria.” – Bernama, January 20, 2023.