May 5 case management for challenge to Penang's anti-hopping law

The Court of Appeal has fixed May 5 for case management of the appeals by four former Penang assemblymen over the dismissal of their lawsuits to challenge the validity of a motion passed by the state legislative assembly for them to vacate their seats.

Lawyer A Surendra Ananth representing the Penang legislative assembly and speaker Law Choo Kiang, when contacted by Bernama, confirmed the case management date.

The case management for Bersatu's former assemblyman for Sungai Acheh, Zulkifli Ibrahim, was held today before Court of Appeal senior assistant registrar Tiong Wen Wen who re-fixed May 5 for case management for his (Zulkifli's) appeal.

This is because the appeals by the other three former assemblymen are fixed for case management on the same date.

Zulkifli, along with former Seberang Jaya assemblyman Dr Afif Bahardin, former Bertam assemblyman Khaliq Mehtab Ishaq and former Telok Bahang assemblyman Zolkifly Md Lazim have filed appeals against the Penang High Court's dismissal of their suits early this year.

The four men had filed the suits in 2020 to challenge the constitutionality of Article 14A of the Penang state constitution, and to stop their seats from being declared vacant, pursuant to Article 14A.

High Court judicial commissioner Azizan Md Arshad held that he was bound by the Federal Court decision declaring that Article 14A of the state constitution is valid.

Article 14(A) of the Penang state constitution states that a state assemblyman must vacate his seat if he resigns, is stripped of his membership, ceases to be a politician or is chosen as a candidate by another political party.

Azizan also ruled that the court cannot grant an injunction against the state legislative assembly and the speaker to prevent them from discussing the motion requesting the assemblymen to vacate their seats during the state assembly sitting.

He said the court could not interfere and has no authority over the internal management of the state legislative assembly.