PUTRAJAYA: The particular Federal Court has ruled that Penang’s anti-party hopping enactment is constitutional.
Chief Justice Tengku Maimun Tuan Sparring floor ( pic ), who chaired a seven-man bench, said that Article 14A of the Penang State Constitution is consistent with Article 10(1)(c) from the Federal Constitution.
“Upon reading plus considering all the cause papers and distribution, written and oral, it is our unanimous view that the response to the sole constitutional question is in the unfavorable.
“As such it is our common sense that Article 14A is not void since it is not inconsistent along with Article 10, inch she said within online proceedings right here on Wednesday (Aug 3).
The sole legal question that was posed to the height court was regardless of whether Article 14A of the state constitution is definitely void for being inconsistent with Article 10(1)(c) of the Federal Constitution.
The Chief Proper rights further said that their state assembly was eligible for enact a regulation to determine its own membership rights qualification.
On April 12, Judicial Commissioner Azizan Md Arshad allowed an application by the Penang State Legislative Assembly (PSLA) and Speaker Datuk Law Choo Kiang to refer queries to the Federal Court for the apex court to hear and decide on the constitutionality of the state’s anti-hopping achievement.
The state assembly and its Speaker desire the Federal Court to decide on the question of whether Article 14A of the Penang condition Constitution is gap as it was sporadic with Article ten (1) (c) of the Federal Constitution.
Four assemblymen, Zulkifli Ibrahim (Sungai Acheh), Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam), and Zolkifly Md Lazim (Telok Bahang) had filed 3 writs of subpoena in 2020 contrary to the state assembly as well as speaker to challenge a motion presented in October 2020 for the four in order to vacate their seats and by-elections to become held.
More to come