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Thesun 2009-04-02 Page02 rm80m Aid Package For 374 Tamil Schools
Thesun 2009-04-02 Page02 rm80m Aid Package For 374 Tamil Schools
Najib poses
with Education
Teng: Khir to be referred Minister
Datuk Seri
to privileges committee Hishammuddin
Hussein and
» From Front Page representatives
from Tamil
However, Selcat member Azmin Ali schools after
challenged her, saying there was no proof distributing the
of this. aid in Putrajaya
Questioned by Azmin whether the trips yesterday.
were for leisure or for work as they took
place in December, Khairiyah said she did
not know the rationale.
At the end of the inquiry, Teng said the
first public hearing to be held by a legisla-
tive body was smooth except that two key
witnesses failed to turn up.
“Mohd Khir and his wife refused to turn
up and explain to the people what happened
to Balkis (association of wives of Selangor
elected representatives) and PNSB all these
years,” he said.
Teng said Mohd Khir will be referred
to the committee of privileges for failure
to attend the hearing while Zahrah can be
prosecuted under Section 5 of the Contempt
of the House Act 2008.
“However, she can only be prosecuted
with the consent of the Attorney-General,”
he said.
Teng also disclosed that the Registrar of
Societies (ROS) refused to produce crucial
documents which are accessible to the public
and not deemed as official secrets.
He said under Section 114(g) of the
Evidence Act, this raises presumptions against
the ROS, that the facts in the documents are
unfavourable to certain persons.
“There is no reason for the ROS not to
High Court allows suit against Perak speaker
produce it unless it is a false document,” he by Humayun Kabir for these three seats but the EC declined Article 33(1) states: If any question
added. newsdesk@thesundaily.com and said the seats were not vacant arises whether a member of the legisla-
The three assemblymen then referred tive assembly has become disqualified for
IPOH: The High Court yesterday dismissed their suit to the High Court here for a ruling membership, the decision of the assembly
the application by Perak State Assembly that they had not vacated their seats as shall be taken and shall be final. Provided
Speaker V. Sivakumar to strike out an declared by Sivakumar.. that this article shall not be taken to prevent
original summons brought by the three Sivakumar’s lawyers Chan Kok Leong, the practice of the assembly postponing a
independent assemblymen, seeking a dec- Nga Hock Cheh and Leong Cheok Keng had decision in order to allow for the taking or
laration that Sivakumar’s order to declare submitted yesterday that Sivakumar has determination of any proceedings that may
their assembly seats vacant was illegal. immunity against civil proceedings by vir- affect the decision (including proceedings
Judge Datuk Balia Yusof Wahi set April tue of section 3 of the Legislative Assembly for the removal of the disqualification).
8 to hear the suit by the assemblymen (Privileges) Enactment 1959. The plaintiffs’ legal team headed by
Mohd Osman Mohd Jaitu (Changat Jering), They also pointed out that the defend- Datuk Mohd Hafarizam Haron will make
Jamaluddin Mohd Radzi (Behrang) and Hee ant was also protected by article 72 (1) and two applications to the Federal Court in
Yit Foong (Jelapang) against the speaker. (2) of the Federal Constitution. Putrajaya on Friday, for declarations on:
Nine- He also dismissed an application by Article 72(1) states that the validity of » Whether, on a true interpretation of article
year-old three former Pakatan Rakyat state execu- any proceedings in the Legislative Assem- 36(5) of the Laws of Perak Darul Ridzuan
tive councillors – A. Sivanesan (Sungkai), bly of any state shall not be questioned in (“Perak Constitution”) read together with
dies after Tai Sing Ng (Kuala Sepatang) and Chen Fook any court and article 72 (2) states that no section 12(3) of the Elections Act 1958, the
school Chye (Keranji) – and three registered voters person shall be liable to any proceedings Election Commission is the rightful entity
caning to intervene in the case, ruling that they are in any court in respect of anything said or which establishes if there is a casual vacancy
not interested parties as claimed. any vote given by him when taking part in of the state legislative assembly Seat;
pg 7 Sivakumar had declared the three state proceedings of the legislative assembly of » When a resignation of a member of the
seats vacant based on their pre-dated res- any state or of any committee. Perak state legislative assembly is disputed,
ignation letters as the three assemblymen The lawyers also submitted that it is be- is such resignation a resignation within the
were formerly from the ruling coalition. Their yond the purview of the court to adjudicate meaning as ascribed under article 35 of the
resignation from their parties caused the bal- on any question which arises, whether a Perak Constitution.
ance of power to shif to Barisan Nasional. member of the legislative assembly has be- Chan said they will appeal against Balia’s
Sivakumar had informed the Election come disqualified for membership in view ruling in the Court of Appeals tomorrow and
Commission (EC) to call for fresh elections of article 33 of the Perak Constitution. they will also be present in the Federal Court.