Court allows Sivakumar, 6 others to sue EC

By Chua Sue-Ann, The Edge

KUALA LUMPUR: The Kuala Lumpur High Court today gave the green light to former Perak Speaker V Sivakumar and six others to pursue its judicial review aimed at compelling the Election Commission (EC) to hold by-elections in three Perak state constituencies.

Judge Lau Bee Lan, sitting at the High Court’s Appellate and Special Powers division, granted the leave in chambers today.

Speaking to reporters outside court, Sivakumar’s counsel Ranjit Singh said parties would now proceed to file their submissions in the matter.

Sivakumar, who is Tronoh assemblyman, filed the suit on March 10 to challenge the EC’s decision not to hold by-elections in Changkat Jering, Behrang and Jelapang.

Sivakumar also named as defendants the three assemblymen of the respective constituencies: Mohd Osman Mohd Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang).

Sivakumar, who was then Perak speaker, had deemed the three as having resigned as assemblymen. The trio have since disputed the undated resignation letters sent to Sivakumar.

The three have maintained that they quit their respective parties to stand as independents and were still the elected representatives of the constituencies.

Apart from Sivakumar, the other plaintiffs in this matter are three former Pakatan Rakyat executive councillors and three voters from the constituencies.

In his suit, Sivakumar wants the three representatives to show cause on what grounds they could carry out the responsibilities, functions and duties of assemblymen.

Sivakumar is also asking the court to quash the EC’s decision not to hold by-elections for three state seats and issue a new order to force it to call for by-elections.