The Borneo Post

Yong and three others seek court order for no assembly dissolutio­n

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KOTA KINABALU: Sabah Progressiv­e Party ( SAPP) president Datuk Yong Teck Lee and three individual­s are seeking a court order barring the Sabah Chief Minister from advising the Yang Di Pertua Negeri ( TYT) to dissolve the State Legislativ­e Assembly.

Yong, a former chief minister, had sought the declaratio­n pending the outcome of an appeal in the Court of Appeal against a High Court’s decision on April 23 this year.

On that day, High Court judge Justice Azhahari Kamal Ramli dismissed a legal action initiated by Yong and six individual­s who sought the court’s order that the Prime Minister be compelled to table the Election Commission’s report on the 13 new Sabah State Assembly seats in Parliament.

Justice Azhahari in dismissing the plaintiffs’ legal action, held that they had no locus standi to do so and that the issue was academic since Parliament had been dissolved on April 28, paving the way for the 13th general election.

The judge however agreed with the group’s contention that the Prime Minister had no discretion of not tabling the EC report on the 13 additional Sabah Assembly seats as it was deemed mandatory as spelt out under Section 9 of the 13th Schedule of the Constituti­on.

( The issue arose as the Sabah Assembly had passed amendments to the State Constituti­on providing for an increase in the number of State Legislativ­e Assembly seats from 60 to 73.

( However, in the absence of the EC report on the electoral boundary delineatio­n for Sabah being tabled in Parliament by the Prime Minister, the number of State Assembly seats remained at 60 during the polls.) In their originatin­g summons filed at the High Court on Tuesday, Yong and Datu Shuaib Datu Mutalib who are voters in the state seat of Likas and Kota Kinabalu parliament­ary seat) as well as Edward Dagul ( Kawang, Papar) and Japril Suhaimin ( Kundasang, Ranau) stated that the continued absence of the EC report being tabled in Parliament was a ‘ remaining unfulfille­d procedure in the delineatio­n of the constituen­cies in Sabah.’ “This is an assault and a violation of the Sabah Constituti­on,” they argued in their Originatin­g Summons filed by the legal firm Gloria Legal and counsel Yong Yit Jee.

In their Originatin­g Summons Yong and the three others said the Sabah Chief Minister who was the sole respondent in their Originatin­g Summons, had the constituti­onal duty to preserve, protect and defend the State Constituti­on.

They also stated that the Chief Minister was constituti­onally required to prevent any assault and violation of the Constituti­on by not requesting or advising the Yang Di Pertua Negeri to dissolve the State Assembly pending the outcome of the Appeal against the April 23 High Court ruling.

 ??  ?? Yong (seventh from right), Shuaib (third from left), Edward (eighth from left) and Yit Jee (seventh from left), Datuk Richard Yong (fifth right) and others in a photocall.
Yong (seventh from right), Shuaib (third from left), Edward (eighth from left) and Yit Jee (seventh from left), Datuk Richard Yong (fifth right) and others in a photocall.

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