Gabungan takes new seats issue to court
KOTA KINABALU: Gabungan Sabah is seeking a court order compelling the Prime Minister to table the Election Commission (EC) report on the creation of 13 new state seats in time for the general election.
The local-based opposition coalition, represented by seven members, including Sabah Progressive Party (SAPP) president Datuk Yong Teck Lee, filed a summons in the High Court here yesterday naming Datuk Seri Najib Tun Razak and the EC as defendants.
“We are seeking a mandamus order from the court to compel the Prime Minister to carry out his constitutional duty and table the EC report in the Dewan Rakyat,” he said.
Yong added that this in no way meant that Gabungan was asking the court to declare the coming election in Sabah as invalid.
Yong said a Federal Government gazette dated Feb 21 last year showed that the EC report on the 13 additional state constituencies in Sabah was submitted to the Prime Minister that day.
“We are thus seeking a court declaration that the Prime Minister is constitutionally bound to table the EC report in Parliament as soon as it was submitted to him,” he added.
Gabungan is also seeking a court declaration that the Constitution does not give any discretionary power to the Prime Minister not to table the EC report in Parliament.
Yong said there were plenty of opportunities over the past year for the report to be tabled in Parliament.
Yong said if only 60 members were elected to the state assembly, instead of 73 as provided for in the state constitution, it would cast doubt on the legality of the polls.
The others in the group included Parti Solidariti Tanah Air deputy president Edward Linggu, Parti Harapan Rakyat Sabah youth chief Jovilis Majami, and Parti Perpaduan Rakyat Sabah executive secretary Anesthicia Usun.
The summons was filed by lawyers Datuk Maijol Mahap, Yong Yit Jee and Benazir Japirl Bandaran.