KUALA LUMPUR: The Election Commission (EC) did not exercise its discretion and powers lawfully in deciding that the three Perak state seats were not vacant, the High Court was told.
Datuk S. Ambiga, lead counsel for former Perak Speaker V. Sivakumar and six others, said the EC had disregarded the Speaker’s acceptance of resignations by the three state assemblymen, and thereafter substituted its own view over the matter.
Ambiga said the EC’s decision via a letter dated Feb 5 was unreasonable. The counsel had submitted before High Court (Appellate and Special Powers) judge Justice Lau Bee Lan in chambers.
In the judicial review application, Sivakumar and six others are asking the court to quash the commission’s decision not to hold by-elections for the three state seats; and issue a new order to force it to call for by-elections.
They are applying to the court for leave to declare the Behrang, Changkat Jering and Jelapang seats vacant after the assemblymen quit their respective parties.
Senior Federal Counsel Datuk Kamaludin Md Said will reply to the submissions on Wednesday.
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