Court of Appeal to hear EC, Kota Siputeh assemblyman's stay applications

2009/11/24

PUTRAJAYA, Tues: The applications by the Election Commission (EC) and Kota Siputeh assemblyman Datuk Abu Hassan Sharif for a stay of the High Court ruling declaring the Kota Siputeh state seat vacant will be heard by the Court of Appeal here this afternoon.
Both the EC and Abu Hassan have brought the matter up to the Court of Appeal by filing for another motion for stay of execution following their failure to obtain the order at the High Court yesterday.

They are seeking the stay order pending disposal of their appeal at the Court of Appeal of the High Court's Nov 16 ruling.

At the Court of Appeal registry this morning, counsel Abu Bakar Isaramat representing BN assemblyman Abu Hassan, filed a motion for a stay of the High Court ruling.

A certificate of urgency was also filed seeking for the matter to be heard on an urgent basis.

The Attorney-General's Chambers, which is representing the EC, had filed its motion for the stay at the Court of Appeal registry yesterday.

The matter is considered urgent because the EC must issue a writ by tomorrow to fix the dates for nomination and polling if it does not get the stay order.

On Nov 16, Kuala Lumpur High Court judge Alizatul Khair Osman Khairuddin delivered a landmark decision declaring the seat vacant after ruling that Abu Hassan was no longer holding the seat following his failure to attend two consecutive meetings of the state assembly without leave.

Yesterday, she rejected the EC's application for a stay of her order to call a by-election within 60 days.

On Sept 1, Kedah assembly speaker Datuk Isa Ismail filed for a judicial review after the EC accepted Abu Hassan's medical certificate for his absence from the meetings and declared that there was no vacancy for the seat and that the BN assemblyman was still the representative of the constituency. -- BERNAMA