PAS will support the government’s constitutional amendment bill in Dewan Rakyat on Monday, Takiyuddin Hassan said.
In a statement, the PAS secretary-general said the Islamist party will support the amendment to articles 10, clauses 1 and 3 relating to freedom of association.
Referring to the Kelantan vs Nordin Salleh case in 1992, Takiyuddin cited the Supreme Court ruling that state anti-party hopping laws cannot function unless article 10 is amended.
“Based on this, the cabinet decided on Wednesday to amend article 10 to allow an anti-party-hopping law to be enacted.
“The cabinet also unanimously agreed that there should be a separate legislation to govern all matters and implications pertaining to party-hopping.
“This Act must contain all the right definitions, examples and explanations to avoid confusion, abuse and biases as parties will likely challenge them in court,” said the energy and natural resources minister.
The 1992 Nordin Salleh case is often cited when anti-party-hopping laws are discussed as the then Supreme Court ruled against the Kelantan government after it vacated the seats belonging to Nordin and another assemblyman Wan Najib Wan Mohamed for party-hopping.
In the case, Nordin and Wan Najib, who are Sungai Pinang and Limbongan assemblymen respectively, had resigned from Semangat 46 to join Umno after winning in the 1990 general election.
After the election, the Kelantan legislative assembly amended the state constitution, which states that assemblyman will have to vacate their seats if they resigned from their parties.
Although the Kelantan legislative assembly passed the enactment on April 25, 1991, it was made to have a retrospective effect from November 19, 1990.
On July 3, 1991, the Kelantan assembly passed a resolution to note that Nordin and Wan Najib had ceased to be members of the state assembly and declared their seats vacant.
As a result, the Election Commission of Malaysia held by-elections in Sungai Pinang and Limbongan. Nordin and Wan Najib stood in the by-elections as candidates of Barisan Nasional but lost.
They then resorted to saving their seats by challenging the validity of Kelantan legislative assembly’s resolution, which declared their seats as vacant in the first place, by seeking a declaration before the courts that the anti-party-hopping clause in the state constitution was unconstitutional and therefore void. – April 9, 2022.
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