Federal Court decision merely affirms the current position of the EC that the 3 are still Perak ADUNs

Media Statement by Ngeh Koo Ham in Ipoh on Friday, 10^th April 2009:

Federal Court decision merely affirms the current position of the EC that the 3 are still Perak ADUNs

Yesterday (9/4/09), the Federal Court decided that:

1. the Election Commission is the rightful entity to decide whether a casual vacancy in the Perak Legislative Assembly had occured, and the date of such occurrence; and thereafter.

2. declared the 3 ADUNs (Jamaluddin, Osman and Hee) are still ADUNS of the Perak Legislative Assembly.

This decision merely affirms the current position of the Election Commission that the 3 are still ADUNs and no by-elections for Behrang, Changkat Jering and Jelapang will be held. It does not add anything new to the present scenario.

We are disappointed with the Federal Court decision but will respect the same.

Nevertheless, it is clearly understood by all parties today that this decision does not affect the two pending cases in the KL High Court namely, R1-25-44-2009 and R1-25-45-2009 which are due to be heard on 28 May 2009. In the said cases, the Speaker and 6 others seek, among others, orders of quo warranto and declarations against the 3 ADUNs that their seats are vacant, and further, an order that the Election Commission conduct by-elections for the said seats.

The basis of the cases is that the Election Commission had wrongly taken into account the denial by the 3 ADUNs that they had resigned. There were no duress or illegality in the procurement of the letters of resignation.

Thus, while the Election Commission may make a decision on the issue of vacancy (as decided by the Federal Court ), it must make its decision legally and on relevant considerations (this issue was not decided by the Federal Court ).

The Speaker and 6 others say that the Election Commission has not made its decision properly, and therefore, its decision on the status of the 3 ADUNs is open to challenge. This is the subject matter of the two KL High Court suits which is due to be heard.

I hope the above will help clarify any misunderstanding that the positions of the 3 ADUNs are final and can no longer be challenged.

* Ngeh Koo Ham, DAP Perak Chairman & Pakatan Rakyat Legal Team Coordinator