Apex court to hear constitutionality of Penang's anti-hopping law on Aug 3

Lawyer A. Surendra Ananth, when contacted, confirmed that the hearing date was fixed during a case management which was held recently.

He said he intends to write to the court to request for a larger panel of seven or nine judges to hear the case.

On April 12 this year, Judicial Commissioner Azizan Md Arshad allowed an application by the Penang state assembly and its speaker to refer questions to the Federal Court for the apex court to hear and decide on the constitutionality of the state's anti-hopping enactment.

The state assembly and its speaker want the Federal Court to decide on the question of whether Article 14A of the Penang state Constitution is void as it was inconsistent with Article 10 (1) (c) of the Federal Constitution.

Surendra and lawyer Datuk Malik Imtiaz Sarwar were granted fiat to represent the Penang state assembly and speaker Datuk Law Choo Kiang.

Four 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 state assembly and its speaker to challenge a motion introduced in October 2020 for the four to vacate their seats and by-elections to be held.

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

The tabling of the motions for the four to vacate their seats has been put on hold pending disposal of their suits.