Former Penang Assemblymen Seek Federal Court’s Leave to Challenge Removal
PUTRAJAYA: Two former Penang assemblymen, Zulkifli Ibrahim and Dr Afif Bahardin, have sought the Federal Court’s leave to challenge their removal from the state legislature last year.
Background
Zulkifli and Afif were disqualified from the Penang state assembly in March 2023 following their expulsion from PKR. The removal was based on the state’s anti-hopping provision, which states that an assemblyman shall vacate his seat if he resigns or is expelled from the party he was elected as a candidate of, or if he joins a political party.
Leave Application
The two former assemblymen, represented by Chetan Jethwani & Company, have framed four legal questions to convince the Federal Court to hear their case. The questions centre on the interpretation of Article 14A of the Penang state constitution, arguing that the implications are critical for democratic principles.
Under Section 96 of the Courts of Judicature Act, applicants must raise novel legal or constitutional issues of public importance to gain Federal Court consideration. The legislative assembly and former Penang speaker Law Choo Kiang have been named as respondents.
Court of Appeal Ruling
On September 27, the Court of Appeal upheld the High Court’s decision against Zulkifli and Afif, dismissing their challenge to the vacating of their seats. A three-member bench, chaired by Justice Che Mohd Ruzima Ghazali, said the High Court judge had addressed all of the arguments comprehensively.
Background on the Removal
A motion for the assemblymen’s removal was proposed to the assembly by then deputy chief minister Ahmad Zakiyuddin Abdul Rahman in February last year under the state’s anti-hopping provision passed in 2012. The four assemblymen, including Zulkifli and Afif, were removed as assemblymen on March 6, 2023.
Conclusion
The two former assemblymen are seeking the Federal Court’s leave to challenge their removal from the state legislature, arguing that the implications of Article 14A of the Penang state constitution are critical for democratic principles. The outcome of this case will have significant implications for the political landscape in Penang and the country.
FAQs
- Who are Zulkifli Ibrahim and Dr Afif Bahardin?
- Zulkifli Ibrahim (Sungai Acheh) and Dr Afif Bahardin (Seberang Jaya) are the two former Penang assemblymen who were disqualified from the state assembly in March 2023 following their expulsion from PKR.
- What is the reason for their removal?
- They were removed based on the state’s anti-hopping provision, which states that an assemblyman shall vacate his seat if he resigns or is expelled from the party he was elected as a candidate of, or if he joins a political party.
- What is the current status of their case?
- They have sought the Federal Court’s leave to challenge their removal from the state legislature, and their application is pending.