Penang State Assembly approves motion to declare four seats vacant

The assemblymen, namely Dr Afif Bahardin (Seberang Jaya), Zulkfili Ibrahim (Sungai Acheh), Khaliq Mehtab Mohd Ishaq (Bertam) and Zolkifly Md Lazim (Teluk Bahang), were also ordered to leave the State Assembly sitting at midday after the majority of the assemblymen voted in favour of the motion.

Earlier, State Assembly Speaker Datuk Law Choo Kiang allowed the motion to be tabled and debated in line with the State Constitution following the High Court's decision on March 2 in dismissing the four assemblymen's application for an injunction to prevent the Penang state assembly from tabling the motion to vacate the seats until their appeal is heard.

Law also said that the unexpected vacancy of the state seats would not be filled as the State Assembly would be dissolved in less than two years.

The motion was proposed by Deputy Chief Minister I Datuk Ahmad Zakiyuddin Abdul Rahman (PH-Pinang Tunggal) and seconded by the State Housing, Local Government, Rural and Town Planning Committee chairman Jagdeep Singh Deo (PH-Datuk Keramat).

Ahmad Zakiyuddin said Article 14A of the Penang State Constitution clearly stated 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.

He said that was the case for the Bertam and Teluk Bahang assemblymen who were Bersatu members contested under PKR ticket during the 14th General Election, and also for Sungai Acheh and Seberang Jaya assemblymen who were sacked from PKR.

Twelve assemblymen including Chief Minister Chow Kon Yeow (PH-Padang Kota): Datuk Seri Saifuddin Nasution Ismail (PH-Pantai Jerejak); Lee Chun Kit (PH-Pulau Tikus); Muhammad Faiz Fadzil (PH-Permatang Pasir) dan M. Satees (PH-Bagan Dalam) and Mohd Yusni Mat Piah (PN-Penaga) debated the motion.

For the record, the Federal Court bench chaired by Chief Justice Tun Tengku Maimun Tuan Mat had, on Dec 16 last year, dismissed a leave application by the four assemblymen to challenge the competency of the state legislative assembly to pass an anti-hopping law.

The four assemblymen had also filed the suit in 2020 to challenge the constitutionality of Article 14A(1) of the Penang State Constitution, and to stop their seats from being declared vacant, pursuant to Article 14A(1).