DAP lawmaker Nga Kor Ming has filed an application against Urban Wellbeing, Housing and Local Government Minister Noh Omar to challenge his instruction to cancel local council projects in parliamentary constituencies where BN had lost.

The lawsuit was filed by law firm Leong & Tan at the High Court in Ipoh today, naming Noh and Local Government Department director-general Abu Bakar Johar as respondents.

Nga claims that the respondents, who are supposed to serve the people, had acted ultra vires (beyond the powers).

He said Noh and Abu Bakar intended to punish the constituents for their political inclination and views, although such rights are guaranteed under the Federal Constitution.

Abu Bakar had issued a letter dated March 17 to scrap the approvals for local government projects for the year 2017 at non-BN constituencies.

The directive applies to all BP 1 projects which, according to the ministry's website, refer to small-scale infrastructure projects at the local council level.

Abu Bakar said the decision was made in a meeting on March 9 to "streamline allocations for BP 1 projects" for the year 2017, attended by the minister and all mayors and heads of local governments.

In the letter, he said local governments had been instructed to "cancel all BP 1 projects for the year 2017 approved in local governments in parliamentary constituencies held by non-BN parties".

In his affidavit in support of the application, Nga claimed that the respondents' decision to issue the letter was meant to punish those constituencies, and had been utilised for an improper purpose with political motive.

"The respondents have also fettered their own discretion as no matter how meritorious or beneficial a BP 1 project may be in a constituency held not by BN, it would not be approved," he added.

"The issuance of the letter is irrational, outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided, could have arrived at it."

Nga sought the court to compel the respondents to cancel or withdraw the March 17 letter and prohibit the respondents from issuing a similar instruction.