THE Federal Court has fixed August 3 to hear the Penang assembly and its speaker’s referral bid over the constitutionality of the state’s anti-party hopping enactment.

Lawyer A. Surendra Ananth, when contacted, confirmed that the hearing date was fixed during a case management held recently. 

He said he intends to write to the court to request for a larger panel of seven or nine judges to hear the case.

On April 12, Judicial Commissioner Azizan Md Arshad allowed an application by the Penang assembly and its speaker to refer questions to the Federal Court, for it to hear and decide on the constitutionality of the state’s anti-party hopping enactment. 

The state assembly and its speaker want the Federal Court to decide on the question of whether article 14A of the Penang State Constitution is void as it was inconsistent with article 10(1)(c) of the Federal Constitution.

Surendra and lawyer Malik Imtiaz Sarwar were granted fiat to represent the state assembly and Speaker Law Choo Kiang.

Four assemblymen, Zulkifli Ibrahim (Sungai Acheh), Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam) and Zolkifly Md Lazim (Telok Bahang) had filed three writs of summons in 2020 against the state assembly and its speaker to challenge a motion introduced in October 2020 for the four to vacate their seats and by-elections to be held.

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. 

The tabling of the motions for the four to vacate their seats has been put on hold pending the disposal of their suits. – Bernama, May 30, 2022.