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GEORGE TOWN: A notice of court order to prevent the Penang Legislature from filing a motion to evict four assemblymen from their seats was withdrawn after both parties reached an agreement.
The lawyer for the four assembly members, Rosli Dahlan, told the court that both parties reached an agreement to have the court order withdrawn on two terms.
“The request for service of court order was canceled because there was an agreement by the state to withdraw their motion and give sufficient notice if they intend to file a similar motion in the future,” he told two separate superior courts in George Town Friday (October 9).
The four assembly members, Zulkifli Ibrahim (Sungai Acheh), Dr. Afif Bahardin (Seberang Jaya), Zolkifly Md Lazim (Teluk Bahang) and Khaliq Mehtab Mohd Ishaq (Bertam), filed three subpoenas against the president of the state assembly Datuk Law Choo Kiang to challenge Penang’s anti-jump law, as included in Article 14A (1) of the state constitution.
They also filed requests for a court order to prevent the state from filing a motion to enforce the law against jumping and force all four to vacate their seats.
State legal adviser Datuk Norazmi Narawi told the court that the Penang government had agreed to withdraw the motion as it could lead to four by-elections.
“The state government already announced yesterday (October 8) (that) it would withdraw the motion to prevent by-elections from being held now due to the Covid-19 pandemic,” he said.
He also agreed to the second term of the agreement for the state to give sufficient notice with 14 days in advance if it files a similar motion in the future.
However, there was no resolution regarding costs in the withdrawal of the request for precautionary measure.
Zulkifli’s first request for an injunction was heard before Judicial Commissioner Datuk Amarjeet Singh.
The other two requests for precautionary measures, presented by Dr. Afif and jointly by Zolkifly and Khaliq, were heard before Judicial Commissioner Wong Hok Chong.
Both courts noted the withdrawal of the request for precautionary measure and then set November 26 to handle the original summons case and to consolidate the three cases.
In their initial subpoena, the four alleged that Article 14A (1) of the state constitution was ultra vires of the Federal Constitution.
Rosli said they would continue the subpoena based on a precedent case.
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