08 November, 2009

PAS-led Kedah Government Should Respect Proper Appeal Channel

I refer to the reported decision by Kedah State Assembly Speaker Datuk Dr Abdul Isa Ismail to withdraw the invitation to Kota Siputeh Assemblyman Dato’ Abu Hassan Sarif for the upcoming state assembly scheduled on 17th November, 2009.

Chronology of Events:-
On 17th August, 2009, the Kedah State Assembly Speaker had notified the Election Commission of the vacancy for the Kota Siputeh state seat after alleging that the Kota Siputeh Assemblyman had failed to attend two consecutive state assembly meetings.

However, on 1st September, 2009, the Election Commission chairman Tan Sri Abdul Aziz Mohd Yusof decided that there was no vacancy for Kota Siputeh and that the state seat was still held by Dato’ Abu Hassan Sarif.

On 1st October, 2009, the Kedah State Assembly Speaker filed an application at the Kuala Lumpur High Court to challenge the Election Commission's decision over Abu Hassan's status as Kota Siputeh’s assemblyman, including an injunction to stop him from carrying out his duties as a state assemblyman.

The Kuala Lumpur High Court had set the hearing date of the case on 12th November, 2009 at the request of the parties to resolve the matter before the upcoming state assembly meeting.


It is unfortunate that the Kedah State Assembly Speaker would resort to withdraw the invitation to Dato’ Abu Hassan Sarif for the upcoming state assembly meeting even before the disposal of the Kuala Lumpur High Court case.

The Kedah State Assembly Speaker under the Pas-led Kedah state government should learn to respect the proper channel of appeal if they are dissatisfied with any decision made by the relevant body. They should not impatiently take matters in their own hands before any decision being made by the Kuala Lumpur High Court.

As such, the Kedah State Assembly Speaker under the Pas-led Kedah state government must immediately retract the withdrawal of invitation to Dato’ Abu Hassan Sarif for the upcoming Kedah State Assembly meeting and should in the future, stop taking matters in their own hands before any decision being made by the relevant authority or judiciary.