Kota Siputeh assemblyman Datuk Abu Hassan Sarif has been absent for two consecutive Kedah state assembly meetings this year.
Barisan Nasional (BN) elected representatives should learn from the court ruling on the Kota Siputeh case where the state seat was declared vacant following its assemblyman being absent from two consecutive State Assembly sittings without permission, said Deputy Prime Minister Tan Sri Muhyiddin Yassin.
"I am disappointed something like this happened. I do not want to make any assumptions because in the critical situation now, we need elected representatives at the national and state levels to take seriously legislature sittings.
"It is part of their main responsibilities as the sittings are where they can voice out the people's problems," he told Malaysian journalists before presenting Malaysia's views at the World Summit on Food Security here Tuesday.
On Monday, the Kuala Lumpur High Court (Appeals and Special Powers) in declaring the Kota Siputeh seat in Kedah vacant, stated that Datuk Abu Hassan Sarif was no longer the BN assemblyman for it following his failure to attend two consecutive state assembly sittings without the Speaker's permission.
Judge Alizatul Khair Osman Khairuddin who presided over the case also ordered the Election Commission (EC) to hold a by-election there.
Muhyiddin, who is also BN deputy chairman, added that elected representatives must live up to the people's expectations, failing which they would be rejected when polls came.
The EC, which had stated there was no casual vacancy for the seat as a result of Abu Hassan's non-attendance of the seatings as he had produced sick certificates for his absence, has stated that it would appeal the decision to the very highest level.
The High Court yesterday declared the Kota Siputeh state seat in Kedah vacant and held that its assemblyman was absent from two consecutive state assembly meetings without the permission of the speaker.
Judge Datuk Alizatul Khair Osman Khairuddin ruled that Datuk Abu Hasan Sarif was no longer the assemblyman for the constituency.
With this ruling, Abu Hasan is barred from attending the state assembly meetings scheduled to be held from today until Thursday.
The court, however, will hear an application by the Election Commission on Friday for a stay of the order.
In her judgment delivered at 5.30pm, Alizatul said the EC had acted irrationally when declaring that there was no vacancy in the Kota Siputeh seat and retaining Abu Hasan as the assemblyman.
“While I agree that the EC has the power to determine casual vacancy, I don’t think it can override the power of the speaker under Article 51 of the Kedah constitution,” she said.
“Under the article, the speaker has the power to grant leave, and the EC had acted illegally in accepting the medical certificate produced by Abu Hasan.
“Article 51 sets out the conditions which renders the seat to be vacant and the first respondent (Abu Hasan) has satisfied the conditions.” The article provides that if any member of the state assembly is absent from the assembly without leave from the speaker for two consecutive meetings, his seat shall become vacant.
Alizatul also ruled that the two meetings which Abu Hasan did not attend fell within the same term as defined under the state Constitution.
“The EC had misconstrued the meaning of ‘two consecutive meetings’ as provided for under Article 51 of the Kedah Constitution.
I agree with the applicant’s counsel that Abu Hasan was absent from two consecutive meetings in one uninterrupted session.” Kedah assembly Speaker Datuk Dr Abdul Isa Ismail was represented by counsel Sulaiman Abdullah while Abu Hasan was represented by counsel Datuk Hafarizam Harun. Senior federal counsel Datuk Kamaluddin Md Said appeared for the EC.
Abu Hasan was absent from the assembly meeting on April 19 and Aug 9 this year.
The EC had on Sept 1 decided that Abu Hasan was absent from two consecutive state assembly meetings in different terms and not within the same term.
Isa filed the application for judicial review on Oct 1.
Outside the court, Abu Hasan said he accepted the court’s decision and left it to counsel to pursue the matter with the Court of Appeal.Isa was not present.
On March 8, 2008, Abu Hassan beat PAS candidate Ismail Wan Teh for the Kota Siputeh state seat by a majority of 495 votes.
The Kedah State Assembly sits today for three days and Abu Hassan will not be allowed to attend.
Abu Hassan, who was absent for the April 19 and Aug 9 sittings this year, looked disappointed as the judgment was delivered and told reporters later: “We will file an appeal.’’Dr Abdul Isa’s lawyer, Amer Hamzah Arshad said the ruling means that the Commission must hold the by-election within 60 days from the date of the casual vacancy of the state seat under Section 12 (3) of the Election Act.
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The High Court on 16th Nov 2009 declared the Kota Siputeh state seat in Kedah vacant.
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Mahkamah Tinggi KL, 16 Nov 2009 arahkan SPR adakan Plihan Raya Kecil di DUN Kota Siputeh berikutan pelucutan status Dato' Abu Hasan Sharif sebagai ADUN Kota Siputeh, kerana tidak menghadiri dua mesyuarat berturut-turut dalam satu penggal yang sama.
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PAS Bertanding Di DUN Kota Siputeh
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Prime Minister Najib Abdul Razak today said that Barisan Nasional will accept the court's decision to declare the Kota Siputeh state seat vacant.
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