PCS seeks to stop GE14 until seats revert to 60
KOTA KINABALU: Parti Cinta Sabah (PCS) filed an originating summons that could halt the 14th general election (GE14) for state seats until the non-inclusion of the 13 new Sabah seats is sorted out by the government.
The civil suit, filed by five plaintiffs led by PCS president Datuk Seri Panglima Wilfred M Bumburing at the Sabah High Court yesterday morning, seeks to revert the number of elected Sabah Legislative Assembly to 60, or the tabling and passing of Election Commission (EC) Report for the new total of 73 at Dewan before the GE14 can be held in Sabah.
Bumburing pointed out that an excerpt “as soon as may be after the Election Commission has submitted its report to the Prime Minister under Section 8, he shall lay the report before the House of Representatives” have been inked under Article 9 in the 13th Schedule of the Federal Constitution.
“The word ‘he shall' means that he has no discretion, no choice. He has to table it (at Dewan),” he told the press during a press conference at PCS headquarters here yesterday afternoon.
Bumburing explained, this meant that the Prime Minister had contravened the Malaysian Constitution and it had also been breached by not tabling the Election Commission Report on delineation for Sabah.
However, he said the four defendants spelled out in the affidavit presented to court yesterday were the Sabah Chief Miniser, Sabah State Government, Sabah Legislative Assembly and Malaysia Election Commission.
He added copies of the summons had also been sent out to the defendants yesterday and the move had been made before the Sabah Legislative Assembly is dissolved so it can reconvene to handle the issue.
“If the Parliament is dissolved tomorrow. They have to wait until the next Parliament's sitting. Then the Prime Minister can table the report for Sabah,” said Bumburing.
“The state assembly must be convened before dissolution to allow or undo the amendment done on the State Constitution in August 2016. If not then the election is deemed to be null and void. Postpone it until the report has been tabled by Prime Minister.
“If there is no more sitting in Parliament (after dissolution), this means we have to wait until the sitting of the next Parliament after the federal election (to table the EC report on delineation for Sabah),” he elaborated.
Bumburing said PCS had also applied for a certificate of urgency at the High Court so the hearing can be held as soon as possible.
The civil suit is seeking a mandatory order to revert the number of elected Sabah State Legislative Assembly members to the original 60.
PCS wants the High Court to direct this order to the first three defendants, Sabah Chief Minister, Sabah Government and Sabah Legislative Assembly, by amending the Sabah State Constitution Article 14(2) to its state prior to Constitution of State of Sabah (Amendment) Enactment 2016 (En No 5/2016).
Another mandatory order is directed to the Election Commission, the fourth defendant, to either stay the conduct of election for the 60 elected members in the upcoming GE14 until the amendment, or until the Prime Minister tables the Election Commission Report for Sabah on the new total of 73 elected members and for it to be approved by Dewan Rakyat.
According to Bumburing, another two orders in the originating summons included a declaration that says the election of 60 Sabah Legislative Assembly members without amendment of Sabah State Constitution Article 14(2) which provides for 73 elected members, including the 13 additional seats passed by Dewan, is unconstitutional, null and void and of no effect in contravention of the same Article 14(2).
He said the other declaration is for the election of 60 elected Sabah State Legislative members to be stayed until and unless the Prime Minister tables Sabah's Election Commission Report regarding the 73 elected members and for it to be approved in accordance with Section 9 and 10 of the 13th Schedule of the Federal Constitution.
“We want to find out why the Prime Minister didn't table for Sabah. Some say that the state government is having second thoughts about the increase in seats,” speculated Bumburing.
“Because it involves the Constitution we are prepared to go as high as possible with court process. I think this is to protect the interest of Sabah and the country as well,” he said, adding the matter is also of public interest.
Former Sabah Chief Minister Datuk Yong Teck Lee and six other opposition members have also sought for an order to compel Prime Minister Datuk Seri Najib Razak to table the Election Commission Report on Sabah's additional seat on April 2.
Yong, who is also Sabah Progressive Party (SAPP) president, had emphasized since last year that the Sabah Legislative Assembly should be dissolved if Parliament fails to approve the new Sabah constituencies.