THE Kuala Lumpur High Court has rejected Bersatu’s application to challenge the status of its four parliamentary seats in Sabah after the defection of their representatives.

Bersatu sought a ruling that the seats had become vacant after the MPs joined Gabungan Rakyat Sabah (GRS), and that the Dewan Rakyat speaker was wrong not to declare the seats vacated.

This morning, justice Amarjeet Singh ruled the courts have no power to hear legal challenges over the Dewan Rakyat speaker’s decisions.

“This is based on only one reason, which is that the Federal Court states courts do not have jurisdiction to hear matters questioning the (speaker’s decision on parliamentary seats),” the judge said.

Amarjeet said this was in line with article 63(1) of the Federal Constitution on parliament’s privileges.

The provision states the validity of parliament proceedings or any parliamentary committee shall not be questioned in any court.

Amarjeet made no order as to costs.

The court also ruled it would not be hearing the merits of the legal challenge.

Bersatu’s challenge – filed on April 17 – came after MPs Armizan Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Jonathan Yasin (Ranau) and Matbali Musah (Sipitang) left the party to join GRS.

The party claimed the MPs’ defection meant their seats were vacated.

The Dewan Rakyat speaker however rejected this and allowed the MPs to keep their seats as GRS representatives.

In the 2022 general election, the four MPs were elected under the GRS bloc, which included Bersatu as a member.

GRS ended its alliance with Bersatu after the polls.

The Attorney-General’s Chambers (AGC) acted for Dewan Rakyat Speaker Johari Abdul while Firoz Hussein Ahmad Jamaluddin appeared for the four MPs.

Azhar Azizan Harun, who is former Dewan Rakyat speaker, appeared for Bersatu. – November 16, 2023.