Siputeh seat still in limbo
Hafiz YatimPublished: Nov 26, 2009 6:50 AM | Updated: Nov 26, 2009 7:05 AM
Abdul Isa, when contacted by Malaysiakini today confirmed the people of Kota Siputeh are still in a limbo without an elected representative. The Kuala Lumpur High Court declared Abu Hassan Sarif was no longer their assemblyperson.
Despite the Court of Appeal granting a stay to the Election Commission (EC) over holding Kota Siputeh state seat by-election, Kedah Speaker Abdul Isa Ismail and the state government consider the seat vacant.
Abdul Isa, when contacted by Malaysiakini today confirmed the people of Kota Siputeh are still in a limbo without an elected representative. The Kuala Lumpur High Court declared Abu Hassan Sarif was no longer their assemblyperson.
The appeal decision, says Abdul Isa, only affects the EC. However, it does not affect the High Court ruling that Abu Hassan must vacate the post.
"As far as we are concerned, the seat is not represented," says Abu Hassan. He said the Kedah government would hold that stance unless the appellate court rules otherwise or reverses the findings.
Asked who the Kota Siputeh constituents should refer to, Abdul Isa, a PAS representative, says that he thinks Umno and Barisan Nasional would handle it.
On Tuesday, the appellate court in a last minute reprieve granted an interim (temporary) stay on EC's application from withholding the by-election. The decision came just in time before the EC's deadline, which was supposed to be on Wednesday, to issue a writ for the by-election.
The decision means the EC can postpone issuing the writ to announce the date for the nomination and polling for an unprecedented 10th by-election since March 8, 2008.
On Nov 16, High Court judge Justice Alizatul Khair Osman Khairuddin, ruled the seat vacated, and fresh elections be held after agreeing that Abu Hassan was absent from two state assembly meetings this year.
"The speaker has the power under Article 51 of the Kedah constitution to grant leave and he did not act unreasonably in rejecting the medical certificate dated Aug 10, 2009 after knowing that the assemblyperson had also attended a function on the same day," she had said.
Article 51 of the Kedah constitution states that if any member of the State Legislative Assembly is absent from the assembly without leave from the speaker for two consecutive meetings, his seat shall become vacant.
As a result of the High Court decision, Abu Hassan was barred from attending the Kedah legislative assembly seating last Nov 17.
Abu Hassan to return wages
Abdul Isa has instructed his office to stop paying Abu Hassan following the Nov 16 ruling.
However, on Sept 1, EC chairperson Abdul Aziz Yusof, declared that Abu Hassan (far left) is still the Kota Siputeh assemblyperson.
Abdul Isa also said his office had also been instructed to recover Abu Hassan's three months wages which were paid for the month of August, September and October.
"I have given the instructions that Abu Hasan will have to pay back (the wages), and we hope he will comply," Abdul Isa said.
Asked as to what was the amount owed, Abdul Isa said he does not know the amount as his officers are working the sum out.
The EC and Abu Hassan have filed their respective appeals over the High Court decision. No date has been fixed as yet by the Court of Appeal to hear their applications.
Abdul Isa, when contacted by Malaysiakini today confirmed the people of Kota Siputeh are still in a limbo without an elected representative. The Kuala Lumpur High Court declared Abu Hassan Sarif was no longer their assemblyperson.
The appeal decision, says Abdul Isa, only affects the EC. However, it does not affect the High Court ruling that Abu Hassan must vacate the post.
"As far as we are concerned, the seat is not represented," says Abu Hassan. He said the Kedah government would hold that stance unless the appellate court rules otherwise or reverses the findings.
Asked who the Kota Siputeh constituents should refer to, Abdul Isa, a PAS representative, says that he thinks Umno and Barisan Nasional would handle it.
On Tuesday, the appellate court in a last minute reprieve granted an interim (temporary) stay on EC's application from withholding the by-election. The decision came just in time before the EC's deadline, which was supposed to be on Wednesday, to issue a writ for the by-election.
The decision means the EC can postpone issuing the writ to announce the date for the nomination and polling for an unprecedented 10th by-election since March 8, 2008.
On Nov 16, High Court judge Justice Alizatul Khair Osman Khairuddin, ruled the seat vacated, and fresh elections be held after agreeing that Abu Hassan was absent from two state assembly meetings this year.
"The speaker has the power under Article 51 of the Kedah constitution to grant leave and he did not act unreasonably in rejecting the medical certificate dated Aug 10, 2009 after knowing that the assemblyperson had also attended a function on the same day," she had said.
Article 51 of the Kedah constitution states that if any member of the State Legislative Assembly is absent from the assembly without leave from the speaker for two consecutive meetings, his seat shall become vacant.
As a result of the High Court decision, Abu Hassan was barred from attending the Kedah legislative assembly seating last Nov 17.
Abu Hassan to return wages
Abdul Isa has instructed his office to stop paying Abu Hassan following the Nov 16 ruling.
However, on Sept 1, EC chairperson Abdul Aziz Yusof, declared that Abu Hassan (far left) is still the Kota Siputeh assemblyperson.Abdul Isa also said his office had also been instructed to recover Abu Hassan's three months wages which were paid for the month of August, September and October.
"I have given the instructions that Abu Hasan will have to pay back (the wages), and we hope he will comply," Abdul Isa said.
Asked as to what was the amount owed, Abdul Isa said he does not know the amount as his officers are working the sum out.
The EC and Abu Hassan have filed their respective appeals over the High Court decision. No date has been fixed as yet by the Court of Appeal to hear their applications.
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