Perak defectors get to keep their seats

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.

The trio - Hee Yit Foong (Jelapang), Mohd Osman Mohd Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang) - had quit their respective parties to back BN in the shock takeover of the Perak government on Feb 4.

They withdrew their support for the Pakatan Rakyat state government and became BN-friendly independents on Feb 4.

The three were joined by a fourth assemblyperson - Bota representative Nasharuddin Hashim, who had earlier defected from Umno to PKR but returned to the party’s fold.

The apex court's decision today was made after 20 minutes of recess, when the five-member panel heard submissions from lawyer Firoz Hussein Ahmad Jamaluddin representing the three assemblypersons making the application and also from Sivakumar's counsel namely Tommy Thomas, Sulaiman Abdullah and Chan Kok Keong.

Attorney-general Abdul Gani Patail represented the commission.

Court of Appeal president Justice Alauddin Md Sheriff led the bench in the unanimous decision. The other members of the bench were Chief Judge of Malaya Justice Ariffin Zakaria, Federal Court judges Justice Nik Hashim Nik Ab Rahman and Justice S Augustine Paul and Court of Appeal judge James Foong.

"Despite the decision made today, it would not prejudice the other two on-going suits which have yet to be heard," said Alauddin.

With the court's decision, the situation in Perak remains status quo.

Mohd Osman Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang) want the court to declare that they have not resigned and are still elected representatives.

The matter came before the apex court following matters of interpretation to decide on whether it is the speaker or the Election Commission who has the final say in determing a state seat vacant or that their resignation letters purportedly tendered by them was valid.

The two cases that Alauddin is referring to is Sivakumar's judicial review application against the three assemblypersons and three former Perak Pakatan Rakyat excos and three constituents application against Jamaluddin, Mohd Osman and Hee.

Sivakumar's and trio's application

In Sivakumar's application, the speaker sought an order for the three BN-friendly assemblypersons to present authorities or powers stipulating they are still elected representatives for Behrang, Changkat Jering and Jelapang.

He named Jamaluddin, Mohd Osman, Hee and EC as respondents.

In addition, he is seeking:

• that the three state seats be declared vacant and cleared following the resignation of the three representatives from Pakatan;

• an injunction against the three respondents or their agents to make a representation that they are the rightful elected representatives and are responsible, with the functions and job as a state assemblypersons;

• an order of certiorari to quash the EC's decision not to call for by-elections in Behrang, Changkat Jering and Jelapang;

• an order of mandamus (to compel) the EC to hold by-elections in the three state seats; and

• punitive, aggravated and exemplary damages from the court as a result of the course of the action and other relief sought and awarded by the court.

The other review application was filed by three ousted Pakatan exco's namely A Sivanesan (Sungkai), Tai Sing Ng (Kuala Sepetang) and Chen Fook Chye (Keranji) along with three voters, one each from the constituency of Behrang, Changkat Jering and Jelapang.

Perak PKR chief's affidavit

Meanwhile, Perak PKR acting chairperson, Zulkifli Ibrahim in his affidavit in support of Sivakumar (left) was revealed today where he denied that Mohd Osman and Jamaluddin's resignation letters were made involuntarily.

Zulkifli, 46, in relating to the facts of the case said in the last general election, PKR won seven seats, PAS six and DAP 18 seats and therefore, Pakatan Rakyat secured 31 state seats as opposed to BN's 28.

Following this, Zulkifli said that the opposition alliance declared its intention to form the next government. After some negotiations, three names were submitted to the Perak sultan, namely Jamaluddin, DAP's Ngeh Khoo Ham and PAS' Mohd Nizar Jamaluddin, to be the menteri besar.

The palace chose Nizar and between March 9 and 13, 2008, the sultan requested all 31 Pakatan state legislators to pledge their support to Nizar in writing to ensure Nizar commanded their confidence.

As a result, Zulkifli claimed that all Pakatan assemblypersons signed a letter pledging their support to Nizar and this was done voluntarily by all Pakatan elected representatives including Jamaluddin and Mohd Osman.

He claimed that it was in this context and time that the letters of resignation of all seven PKR assemblypersons including Mohd Osman and Jamaluddin were made.

Perak PKR leaders wanted to ensure all Pakatan-elected representatives were sincere and committed in their support for Nizar as the menteri besar.

The Perak PKR chief stressed that the pledge was not to be taken lightly and the undated letters of resignation was signed voluntarily without any threat or inducement, to demonstrate their support, loyalty and commitment to Nizar.

Zulkifli claimed upon execution of the letters of resignation, the PKR state reps handed them over to him for safekeeping.