The Kuala Lumpur High Court (Appeals and Special Powers division) has granted leave (permission) to the Kedah government to challenge the Election Commission's decision not to call elections for the Kota Siputeh seat.

The decision was made by justice Alizatul Khair Osman Kamaruddin after hearing the application from counsel representing the Kedah government Sulaiman Abdullah and Edmund Bon.

Alizatul felt there was a prima facie case to allow the application and has ordered Bon to file the necessary application and supporting affidavits by Monday.

She also fixed Friday to hear the application in anticipation that the Kedah government might hold their budget seating on Nov 17.

Sulaiman had earlier submitted that Kota Seputeh assemblyperson Abu Hassan Sarif had failed to attend consecutive meetings of the Kedah State Legislative Assembly on April 19 and Aug 9 this year.

Met prima facie threshold

"The Kedah constitution under Article 51 states that if any member of the state legislative assembly is absent from the assembly without leave of the speaker for two consecutive meetings, his seat shall become vacant.

"I think we have satisfied the prima facie threshold, which is stated according to Article 51," he said.

Kedah state assembly speaker Abdul Isa Ismail had on Oct 1 filed for a judicial review of the EC decision to retain Abu Hasan Sarif as Kota Siputeh state assemblyperson.

The application and the affidavit in support were filed at the High Court (Appeals and Special Powers Division) registry in Kuala Lumpur.

Abdul Isa named Abu Hasan and the EC as respondents.

He is seeking a declaration that Abu Hasan of Barisan Nasional is no longer the assemblyperson for the seat following his failure to attend two consecutive sittings of the state assembly.

Pursuant to that, he also wants the court to declare the seat vacant and the EC to hold a by-election.

He also wants an injunction to restrain Abu Hasan or his agents from carrying out the duties of state assemblyman for the constituency, damages, costs and other reliefs deemed fit by the court.

On September 1, the EC declared Abu Hassan of Umno, is still the Kota Siputeh elected representative despite not showing up for two consecutive sessions.

Its chairman, Abdul Aziz Mohd Yusof said the commission had unanimously agreed that the Kota Siputeh assemblyperson was absent from two consecutive state assembly meetings because of health reasons by providing a medical certificate as proof.

"The EC accepted his reasons and his failure to submit it to the speaker earlier does not nullify the medical certificate," said Abdul Aziz.