A fresh election will be held for the Kota Siputeh state seat in Kedah after it was declared vacant by the Kuala Lumpur High Court Monday, Bernama reports.
Justice Alizatul Khair Osman Khairuddin ruled that the seat was vacated after Umno's incumbent assemblyperson Abu Hassan Sarif absented from two state assembly meetings this year.
Following the High Court decision, Abu Hassan will be barred from attending the state legislative assembly sitting Tuesday
More significantly it also means the Election Commission (EC) will have to call for a by-election within the next 60 days, pending an appeal to the Court of Appeal.
In her decision, Justice Alizatul held that the EC had acted irrationally and its decision that Abu Hassan was still the assemblyperson for Kota Siputeh and the state seat was not vacant, ought to be quashed.
"In my view, Article 51 sets out the conditions which render the seat to be vacant and the first respondent (Abu Hassan) had satisfied the conditions," said Alizatul in allowing the judicial review filed by Kedah Speaker Abdul Isa Ismail. ...continue here
Abdul Isa, represented by leading counsel Sulaiman Abdullah, filed the judicial review on Oct 1, after the EC decided that there was no vacancy of the Kota Siputeh seat and that Abu Hassan was still the assemblyperson.Abdul Isa wanted the court to declare that Abu Hassan was no longer the assemblyman following his failure to attend two consecutive sittings of the state assembly on April 19 and Aug 9 this year, and that the seat was vacant.
In his application, Abdul Isa also sought an order for the EC to call for a by-election....continue here