PD voter files for judicial review to challenge Danyal’s resignation
KUALA LUMPUR: A voter in the Port Dickson parliamentary constituency has filed for a judicial review seeking a court order to declare the resignation of Datuk Danyal Balagopal Abdullah as its Member of Parliament to be null and void because it contravened provisions in the Federal Constitution.
Rosmadi Mohd Kassim filed the application on Wednesday at the High Court (Appellate and Special Powers Division) naming Danyal and the Election Commission ( EC) as the first and second respondents. The application will be heard by High Court judge Datuk Nordin Hassan on Oct 2.
In his application, Rosmadi as the plaintiff who was a registered voter in the constituency in the 14th General Election, also sought a court order to cancel the notice to hold the by- election for the constituency dated Sept 20 that was issued by the EC.
He is also seeking a declaration that the EC declaring the seat vacant was not valid and against the laws and an injunction to stop the EC from proceeding with the by- election scheduled to be held on Oct 13 pending the court’s decision on the case.
Rosmadi claimed that he filed the application on the grounds that Danyal’s resignation violated the oath he had taken as an MP, saying it clearly showed that he gave PKR president-elect Datuk Seri Anwar Ibrahim, who is slated to contest the seat in his place, greater priority than Malaysians in general and PD voters in particular.
The plaintiff further claimed that the resignation by the first respondent also clearly showed that he gave priority to loyalty to Anwar than the Malaysian government.
He cited that at all material times, the first respondent was not a bankrupt or mentally or physically incapacitated to discharge his duties as an MP.
Rosmadi also claimed that Danyal’s resignation was also against the wishes of voters in PD who placed their trust in him in GE14. He also took issue that Danyal had submitted his resignation letter on Sept 12 to make way for Anwar to contest in the by- election, saying it was politically motivated and against public policy.
As for the EC, he said that the commission’s action in declaring the seat vacant without making any investigations was tantamount to breach of statutory duty. — Bernama