Takiyuddin challenges Penang govt to vacate four seats of reps who joined PN

KUALA LUMPUR: If the Penang state government is really serious about the anti-hopping law, it should declare four of its state assembly seats vacant, following defections of the respective assemblymen.

Minister in Prime Minister’s Department (Law) Datuk Takiyuddin Hassan said this would show how serious the opposition is about the law since its leaders have been calling for the government to introduce an anti-hopping law.

He said Penang is the only state in the country that has amended its state constitution to say that assemblymen who defected will have to vacate their seats.

The four state seats that Takiyuddin was referring to are Bertam (Khaliq Mehtab Mohd Ishaq), Teluk Bahang (Zolkifly Md Lazim), Seberang Jaya (Dr Afif Bahardin) and Sungai Acheh (Zulkifli Ibrahim).

The four assemblymen left Pakatan Harapan (PH) to join Perikatan Nasional (PN).

“If the opposition, is serious about the anti-hopping law, the Penang state government should declare all four seats vacant,” he said in Parliament during his winding-up speech on the Motion of Thanks for the Royal Address.

Takiyuddin pointed out that such a move would open a path for a decision of the Supreme Court to declare as unconstitutional an amendment to the Kelantan constitution to bar party hopping to be challenged.

He was referring to the Kelantan state legislative assembly versus Nordin Salleh case.

The court had come to the conclusion that an amendment to the Kelantan constitution, which prohibited party-hopping, was inconsistent with Article 10(1)(c) of the Federal Constitution.

Takiyuddin said if Penang was to take such action then the assemblymen could take the matter to the courts.

He said it will then be up to the court to decide whether it wants to maintain the verdict from the Nordin Salleh case or otherwise.

On the suggestion by Datuk Seri Nazri Aziz (Padang Rengas - BN) to amend the Election Commission Act 1957 to enforce a party-list system, Takiyuddin said while the EC is open to all ideas, such a suggestion will require a change in the country’s election system.

He said it will also require amendments to Articles 47, 48, 49, 50, 51 and 54 of the Federal Constitution as well as the Election Offences Act 1954.