Court strikes out ex-PAS reps’ suit over vacant Perlis seats

The Kangar High Court ruled that Perlis assembly speaker Rus’sele Eizan had validly exercised his discretion under Article 50A of the state constitution. (Bernama pic)

PETALING JAYA: The Kangar High Court today struck out a suit filed by three former PAS assemblymen challenging Perlis assembly speaker Rus’sele Eizan’s decision to declare their seats vacant last December.

Justice Abazafree Abbas allowed Rus’sele’s application to strike out the originating summons, with no order as to costs, Sinar Harian reported.

In his ruling, Abazafree said Article 72(1) of the Federal Constitution protected the state assembly speaker, meaning the validity of his decision could not be challenged in court.

The court also held that Rus’sele had validly exercised his discretion under Article 50A of the state constitution.

It said it had no jurisdiction to interfere in the affairs of the state assembly, in line with the principle of separation of powers, so long as the power was exercised within the law and the constitution.

On Dec 25, Rus’sele announced that the Guar Sanji, Bintong and Chuping seats had been vacated as their respective assemblymen – Ridzuan Hashim, Fakhrul Anwar Ismail and Saad Seman – although not sacked, had their PAS memberships “terminated” for retracting support for then menteri besar Shukri Ramli.

On Jan 2, each of the trio filed a motion seeking a declaration that Rus’sele’s decision to vacate their seats was ultra vires, null, invalid and defective.

Rus’sele filed his application to strike out the suit in February.

Rus’sele was represented by lawyers Wan Rohimi Wan Daud, Yusfarizal Yussoff and Faizi Che Abu, while the three former assemblymen were represented by Jamil Yaacob.

Wan Rohimi later said they would leave it to the plaintiffs to decide whether to file an appeal to the Court of Appeal within the next 30 days.