SHAH ALAM: The High Court here dismissed the originating summons filed by a registered voter to stop the Election Commission (EC) from going ahead with the Semenyih state by-election on March 2.
Judge S. M. Komathy made the decision in chambers with no order as to costs against the plaintiff, Puan Sri Sabariah Mohd Shariff, 58.
After the proceeding, senior federal counsel Azizan Md Arshad representing the defendant told reporters that the court made the decision after finding that there was no need for the involvement of a certain number of EC members to fulfil the quorum at any meeting to make a decision.
“Therefore, the court hereby decides that the EC can continue discharging its functions legally.
“Section 33C of the 11th Schedule of the Federal Constitution clearly states that any vacancy in the commission’s membership will not affect the decision made in its meeting,” he said.
He said the judge also made the decision after referring to the case of Attorney-General and Permatang Pauh MP, Nurul Izzah Anwar, in which the Court of Appeal judge decided that the EC could continue functioning legally even with less than seven members.
In this case, Azizan represented the EC, its chairman Azhar Azizan @ Harun and the federal government as the first, second and third defendants.
The plaintiff was represented by Datuk Shaharudin Ali and Mohd Khairul Azam Abdul Aziz.
In her originating summons, Sabariah is seeking a declaration that the EC meeting on Jan 18 chaired by Azhar Azizan himself without the deputy chairman and the five members was null and void and contrary to Article 114(1) and all the decisions made at the meeting were also null and void and could not be executed by Azhar Azizan.
Sabariah is also seeking an injunction to restrain Azhar Azizan from holding meetings and/or proceeding with, executing, carrying out any act of conducting or organising and/or implementing the Semenyih by-election until all the members of the EC have been appointed by the Yang di-Pertuan Agong in accordance with the Federal Constitution.
The six former EC members are Tan Sri Othman Mahmood (who was the deputy chairman), Datuk Md Yusop Mansor, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi, Datuk K. Bala Singam and Datuk Leo Chong Cheong.
Five of the members resigned on Oct 18, 2018, and one on Nov 27, 2018, and all their resignations took effect on Jan 1, 2019.
On Jan 18, Azhar Azizan announced that the Semenyih State by-election would be held on March 2 and that the nomination was on Feb 16 and early voting on Feb 26.
On Feb 14, Chief Secretary to the Government Datuk Seri Dr Ismail Bakar announced the appointment of five new members of the EC, namely Assoc Prof Dr Azmi Sharom (as the deputy chairman), Datuk Seri Ramlan Ibrahim, Datuk Chin Phaik Yoong, Assoc Prof Dr Faisal S. Hazis and Zoe Randhawa. — Bernama
