Now we have 3 legally sanctioned State Assemblymen.
The Federal Court’s decision confirming the status of the so-called independent but BN-leaning state assemblymen has far-reaching consequences, the most obvious is the usurping of the powers of the Speaker of the State Assembly of Perak.
To us laymen, what is obvious now is that whatever powers given by the powers that be and enjoyed thus far by them, can be taken away easily by the Election Commission, sanctioned by the Federal Court.
It has never been tested before until now. The powers of the Speaker in the State Assembly of Perak do not include deciding whether resignation letters of State Assemblymen are valid. Election Commission has the right to decide. Had it been a BN Speaker, would the decisions of the Election Commission and Federal Court have been different?
I wonder what is the purpose of those unsigned letters of resignation if they are not legally binding and can be revoked at will by the signatories. Whatever the legal reasons against their validity, one thing is sure and that is, the signatories did not honour what they have signed willingly at the time.
Did they sign any agreement to be with BN for the power grab and still claim to be independents? Are those agreements valid and irrevocable?
In the eyes of the public in general, and the voters in their respective constituencies in particular, they are finished as politicians. Their remaining term as sanctioned by the Federal Court is good only until the next general elections. Their eligibility as ADUNs is being artificially propped up so as to continue BN’s shameless control of the state.
Meanwhile, they will be snubbed even if they are willing to carry out their duties.
CHARLES HECTOR: So, Federal body decides whether there is a vacancy in the State Legislative Assembly
So, the 'independent' Federal Court has decided that it is the 'Federal-Election Commission' that will decide whether a seat in a State Legislative Assembly is vacant or not - NOT the Speaker of the State Assembly.Sovereignity of the State and its Sultan- powers of the State - etc is now in question...I believe an Election Commission should only be tasked with the duty of carrying out elections...Full Stop.
Whether there is a vacancy...or whether an election is to be carried out to fill that vacancy really should not be within the powers of the Election Commission...
The three independent Perak assemblypersons will remain state representatives after the Federal Court ruled today that the Election Commission was the rightful body to declare vacancies in the state seat.
Perak speaker V Sivakumar had earlier said the three had resigned from their seats but this was questioned by the assemblypersons. - Malaysiakini Report
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