KUALA LUMPUR: Parti Pribumi Bersatu Malaysia (Bersatu) failed in its attempt to vacate four parliamentary seats in Sabah won by its former members during the last general election (GE).
High Court judge Datuk Amarjeet Singh today dismissed the political party's leave application to initiate the judicial review on grounds that the court did not have the power to review such a decision.
The party, through ITS vice-president Datuk Seri Dr Ronald Kiandee and public officer Datuk Muhammad Suhaimi Yahya, had filed the application on April 17.
They named Dewan Rakyat speaker Tan Sri Johari Abdul and the holders of the seats, Datuk Armizan Mohd Ali, Khairul Firdaus Akbar Khan, Datuk Jonathan Yasin and Datuk Matbali Musah, as the respondents.
Bersatu, in its application for a judicial review, claimed that the four ceased to be party members when they, having been elected as members of parliament, had chosen to sit on the government side of the Dewan Rakyat, showing a clear intention to leave Bersatu.
Bersatu claimed that Johari's decision not to vacate the seats of Papar, Batu Sapi, Ranau and Sipitang, held by Armizan, Khairul Firdaus, Yasin and Matbali, respectively, was tainted by illegality.
The party claimed during the first parliamentary sitting after the GE, the four respondents sat on the government side of the House, which clearly evinced an intention to leave Bersatu.
It claimed the four were issued with Notice of Cessation on Dec 21, informing them that they each had ceased to be members of Bersatu.
Subsequently, the party gave a written notice to Johari under Article 49A(3) of the Federal Constitution to inform him of the occurrence of a casual vacancy for the said constituencies.
Article 49A(3) of the Federal Constitution provides that the Speaker shall establish that there is a casual vacancy, if the following conditions are met:
i) Having been elected to the House of Representatives as a member of a political party.
ii) He resigns or ceases to be a member of the political party or joins another political party.
The party claimed Johari's decision was tainted with illegality, irrationality, ultra vires and abuse of discretionary power and ought to be quashed.
The party claimed it was irrational to decide that the four respondents became direct members of GRS when they were still holding Bersatu membership during the last GE.
The party claimed Article 49A of the Federal Constitution was enacted to prevent members of Parliament from switching parties that will affect political stability.
Meanwhile, senior federal counsel Ahmad Hanir Hambaly @ Arwi argued that the court should dismiss the application as the impugned decision was not amenable to judicial review by virtue of Article 63 of the Federal Constitution.
Article 63 of the FC provides for the privileges of Parliament.
It protects the proceedings of Parliament from being interfered with by the courts, and as a result, upholds the principle of separation of powers.