PUTRAJAYA: Two former Penang assemblymen failed in their appeal to challenge the validity of a motion passed by the State Legislative Assembly for them to vacate their seats, reports said.
A three-member Court of Appeal bench led by Datuk Che Mohd Ruzima Ghazali unanimously dismissed Zulkifli Ibrahim (Sungai Acheh) and Dr Afif Bahardin (Seberang Jaya)'s appeal over the lower's court decision to dismiss their lawsuit last year.
The appellate court said the lower court did not err in its reasoning, according to a report by Free Malaysia Today.
Other members of the bench were Datuk Azizul Azmi Adnan and Datuk Mohd Firuz Jaffril.
The duo had filed the suits in 2020 to challenge the constitutionality of Article 14A of the Penang State Constitution, and to stop their seats from being declared vacant, pursuant to Article 14A.
High Court judicial commissioner Azizan Md Arshad held that he was bound by the Federal Court decision declaring that Article 14A of the State Constitution was valid.
Article 14(A) of the Penang State Constitution states that a state assemblyman must vacate his seat if he resigns, is stripped of his membership, ceases to be a politician or is chosen as a candidate by another political party.
Azizan also ruled that the court could not grant an injunction against the State Legislative Assembly and the Speaker to prevent them from discussing the motion requesting the assemblymen to vacate their seats during the state assembly sitting.
He said the court could not interfere and had no authority over the internal management of the State Legislative Assembly.