PUTRAJAYA: The Penang state assembly and its Speaker have been allowed to refer a question to the Federal Court to decide on the constitutionality of the state's anti-party hopping law.

       The assembly and Speaker want the Federal Court to decide on the question of whether or not Article 14A of the Penang state Constitution is void, as it was inconsistent with Article 10 (1) (c) of the Federal Constitution on the right to freedom of association.

       Penang High Court Judicial Commissioner (JC) Azizan Md Arshad allowed the referral application brought by the state assembly and its speaker under Section 84 of the Courts of Judicature Act 1964.

       In his decision on Tuesday (April 12), he gave the nod to the applicants to refer the constitutional question to the Federal Court after deciding that they had fulfilled the basic requirements under Section 84.

       The Penang assembly and Speaker Datuk Law Choo Kiang wanted the constitutional question to be referred to the Federal Court on the basis that the decision on the subject matter in the case of Nordin Salleh vs Dewan Undangan Negeri Kelantan (State Legislative Assembly of Kelantan), which was decided in 1992, should be argued further.

       JC Azizan, in his decision, also said the case of Abdul Karim Abdul Ghani vs Legislature of Sabah, Involving issues on the disqualification of a member of the state legislative assembly under Article 74(4) of the Federal Constitution, ought to be determined by the Federal Court.

       He said this was because the arguments by the Penang assembly and Speaker were premised on the power of the state to enact laws on the qualification of members of the assembly.

       Assemblymen Zulkifli Ibrahim (Sungai Acheh), Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam) and Zolkifly Md Lazim (Telok Bahang) had filed three writs of summons in 2020 against the assembly and Speaker to challenge a motion introduced in October that year for the four to vacate their seats and by-elections to be held.

       Zulkifli and Afif were sacked from PKR in 2020 while Khaliq Mehtab and Zolkifly are members of Parti Pribumi Bersatu Malaysia (Bersatu).

       Article 14A of the Penang state Constitution says that an assemblyman shall vacate his seat if, having been elected as a candidate of a political party, he resigns or is expelled from the party; or, having been elected otherwise than as a candidate of a political party, he joins another party.

       The assembly and Speaker, who were represented by Datuk Malik Imtiaz Sarwar and Surendra Ananth, had filed the application to refer the question to the Federal Court last year.

       The assemblymen were represented by lawyers DP Naban and Rosli Dahlan.

       The tabling of the motion for the four to vacate their seats was on hold pending disposal of their suits. – Bernama