PD voter files for review of incumbent MP’s resignation

KUALA LUMPUR: Things are heating up with just a day to the nomination for the Port Dickson by-election.

A Port Dickson voter has filed for a judicial review application to challenge the decision by the incumbent MP to vacate his seat and the call for a by-election for the seat next month.

At the same time, former Negri Sembilan Mentri Besar Tan Sri Isa Samad announced that he would be contesting as an independent.

Yesterday, Rosmadi Mohd Kassim, 56, who is a registered voter in Port Dickson, filed the ex-parte application through law firm Messrs Raja Riza & Associates at the Kuala Lumpur High Court.

He named the incumbent MP Datuk Danyal Balagopal Abdullah and the Election Commission (EC) as respondents in the application.

In his application, Rosmadi asked leave of the High Court to declare that Danyal’s resignation as MP was invalid, null and void.

He also requested leave for a certiorari to quash the EC’s notice dated Sept 20 to hold the by-election.

Rosmadi is seeking a declaration that the EC’s decision to declare the seat vacant is wrong by law, and sought an injunction to stop the commission from holding the by-election on Oct 13

He also sought costs and other reliefs deemed fit by the court.

Rosmadi stated in his application that he had lodged a police report on Sept 24 on Danyal’s resignation.

He said he filed the application based on grounds that the first respondent had violated his oath of office as an elected MP.

He claimed that Danyal’s reasons to vacate his seat showed that he had acted only in the interest of PKR by-election candidate Datuk Seri Anwar Ibrahim more than the sake of Port Dickson voters and Malaysians.

He said Danyal’s resignation was clearly against the wishes of the people of Port Dickson who had voted for him in GE14.

The hearing for leave has been fixed on Oct 2 before Justice Nordin Hassan. When contacted, Isa, who is also former Umno vice-president, said he decided to contest as he was “PD boy”.

“I decided to stand as an independent because the seat is vacant. The other reason is because Umno has also decided against contesting,” said Isa, who had served as Linggi assemblyman for five terms.