The Respondents namely Datuk Seri Abdul Wahid Omar, Datuk Paul Low Seng Kuan, Dr Loga Bala Mohan Jaganathan and Ahmad Bashah Md Hanipah did not stand for elections at any Parliamentary constituency during the recent General Election held on 5/5/2013. On 15/5/2013 they were appointed as Ministers and Deputy Ministers respectively.
It is a requirement of the Federal Constitution that the appointment of Ministers and Deputy Ministers must be appointed from among members of either House of Parliament pursuant to Articles 43(2)(b) and 43A(1) of the Federal Constitution.
The appointment of the Respondents as Ministers and Deputy Ministers respectively are unconstitutional as at the time of their appointment on 15/5/2013 they were not members of either House of Parliament as they were yet to be sworn in.
The Attorney General’s Chambers represented by Amarjit Singh and Suzana Atan objected to the appeal on the ground that the application for judicial review and appeal filed is frivolous and does not disclose an arguable case. The AG’s Chambers further argued that I, the Appellant, was arguing on words that do not exist or words that I myself has added to the said Articles. The AG’s Chambers contend that the oath is taken by the Respondents/ Members after their election or appointment as a member of the Senate.
The Court of Appeal presided by Linton Albert, Rohana Yusoff and Vernon Ong Lam Kiat dismissed the appeal I brought with costs where the AG’s Chambers asked costs in the sum of RM 10,000.00. R Kengadharan counsel acting for the Appellant vehemently objected to the award of costs and emphasised that in a public interest matters should not be awarded. The court agreed.
I expressed total disappointment on the swift disposal of the appeal. Being a serious constitutional of wide implications and first of its kind in the country the Government Lawyers were not even invited to address the Bench. In light of the outcome I am now keen to appeal to the Federal Court.