The High Court has dismissed an originating summons filed by three former assemblymen challenging the Perlis state legislative assembly speaker’s decision to declare their seats vacant.
Judge Datuk Mohamad Abazafree Mohd Abbas ruled that the decision by Speaker Rus’sele Eizan was final, immune from judicial review and could not be challenged in court.
He said this was in line with Article 72(1) of the Federal Constitution and the principle of separation of powers.
“This court rules that the Speaker’s decision to declare a casual vacancy involving the plaintiffs’ seats, made under Article 50A Clause (3) of the Perlis State Constitution, is valid and falls within the internal management and core business of the House.
“Although the announcement was made during a press conference outside the House, it remains within the scope of the constitutional powers allocated to him. This action is, in principle, non-justiciable as long as it does not exceed jurisdiction or violate the principles of natural justice,” Abazafree said NST
