EC gets stay of ruling declaring Kota Siputeh seat vacant

2009/11/24

PUTRAJAYA: No by-election just yet for the Kota Siputeh state seat in Kedah. The Election Commission (EC) today obtained an interim stay order from the Court of Appeal on the High Court ruling declaring the seat vacant.

The stay of execution order was granted pending the disposal of the EC's appeal to the Court of Appeal against the High Court's Nov 16 ruling declaring the Kota Siputeh state seat vacant.

Following this decision, the EC would not be forced to issue the writ tomorrow to fix the dates for nomination and polling for the by-election.

According to the Elections Act 1958, the EC has 10 days to convene a special meeting to call for an election once the seat is declared vacant. That deadline is tomorrow since the High Court decision was made on Nov 16.

In unanimously allowing the EC's stay application, a three-judge panel comprising Court of Appeal judges Datuk Sulong Matjeraie and Datuk Kang Hwee Gee and High Court judge Datuk Abdul Aziz Abd Rahim held that there was special circumstances to grant the stay.

In delivering his decision at 7.30 pm, Sulong said the court was empowered under Order 44 of the Courts of Judicature Act to grant the interim stay to preserve the status quo to avoid unnecessary by-election and save public expenditure.

Sulong said the correctness of the High Court's ruling in declaring the Kota Siputeh seat vacant would have to be tested at the highest level, adding that no party would be prejudiced if the stay was granted.

He said the court was also of the view that points raised by Senior Federal Counsel Datuk Kamaludin Md Said, representing the EC, were novel and constitutional on whether the failure of a state assemblyman to attend two sittings would result in a state seat becoming vacant.

He said the issue also touched on public interest and public policy and the decision in the appeal might have a far-reaching effect in other states.