PUTRAJAYA — The Court of Appeal here today dismissed the appeals by two former Penang assemblymen challenging a motion passed by the state assembly that compelled them to vacate their seats.

The unanimous decision was delivered by a three-judge panel comprising Court of Appeal Judges Datuk Che Mohd Ruzima Ghazali, Datuk Azizul Azmi Adnan and High Court judge Datuk Seri Mohd Firuz Jaffril.

Justice Che Mohd Ruzima said the High Court judge had comprehensively addressed all arguments when dismissing the challenge by former Sungai Acheh assemblyman Zulkifli Ibrahim and former Seberang Jaya assemblyman Dr Afif Bahardin.

“We find no error in the reasoning made by the High Court and we fully endorse the reasons of the High Court,” he said.

The court made no order regarding legal costs. 

Zulkifli and Dr Afif were appealing against the Penang High Court’s decision on Dec 8 last year, which upheld the motion passed by the state legislative assembly declaring their seats vacant.

High Court judge Datuk Anand Ponnudurai had ruled that Zulkifli and Dr Afif were correctly disqualified from the state legislative assembly following their expulsion from Parti Keadilan Rakyat (PKR), in accordance with Article 14A of the Penang State Constitution, which prohibits party hopping.

After their expulsion from PKR, Zulkifli and Dr Afif joined Parti Pribumi Bersatu Malaysia, prompting the motion for them to vacate their seats.

The same High Court, on the same day, had however, ruled that Article 14A of the Penang State Constitution did not apply to former Bersatu assemblymen Khaliq Mehtab Mohd Ishaq (Bertam) and Zolkifly Lazim (Teluk Bahang), as they never left the party.

Justice Anand had held that both Khaliq and Zolkifly remained as members of the Penang state legislative assembly from May 2018 to June last year and ordered that they be paid all financial entitlements due to them until the assembly’s dissolution. 

The state legislative assembly and its speaker Datuk Law Choo Kiang did not appeal against Justice Anand’s decision concerning Khaliq and Zolkifly.

The four assemblymen filed an originating summons seeking court declarations that the motion passed by the state legislative assembly on March 6 last year which compelled them to vacate their seats, was void and unlawful.

They sought declarations that they remained members of the state legislative assembly until its dissolution in June 2023. They had named Law and the legislative assembly as defendants.

All four had contested the 2018 state election under the PKR logo. At the time, Pakatan Harapan  consisted of PKR, DAP, Amanah and Bersatu. 

Zulkifli and Dr. Afif were sacked by PKR following the Sheraton Move in 2020. Bersatu left the coalition in 2020 and formed the federal government with BN, PAS and several regional parties from Sabah and Sarawak.

In today’s proceeding before the Court of Appeal, lawyers Tan Sri Azhar Azizan Harun and Chetan Jethwani represented Zulkifli and Dr Afif while lawyer A.Surendra Ananth appeared for Law and the state legislative assembly. — BERNAMA