KUALA LUMPUR (June 1): The High Court has set Aug 29 to hear Parti Pribumi Bersatu Malaysia’s (Bersatu) application for leave (permission) for a judicial review against Dewan Rakyat Speaker Datuk Johari Abdul's decision not to vacate the seats of four Members of Parliament from Sabah.

During case management on Thursday (June 1), High Court deputy registrar Firdaus Sidqi Shahril Azli set the date to hear arguments for and against a judicial review from Bersatu and the Attorney General’s Chambers (AGC).

Bersatu is seeking leave from the High Court for a judicial review, as it claims that Johari had acted illegally in not vacating the four seats despite the MPs' defection from Bersatu.

Bersatu claims that Johari’s decision on Jan 16 this year not to vacate the seats, and not to establish casual vacancies of the Papar, Batu Sapi, Ranau and Sipitang seats, was “tainted with illegality, irrationality, ultra vires (beyond the powers), and abuse of discretionary power”.

In its April 17 application seeking leave for a judicial review, Bersatu claimed that the four MPs ran under the party’s ticket in Sabah during the 15th general election (GE15), as Bersatu and Gabungan Rakyat Sabah (GRS) had formed a coalition.

During case management before the High Court, the AGC was instructed to file its written submissions to the court by July 18, while Bersatu was instructed to file its submissions by Aug 1.

Both parties were instructed to file their final submissions simultaneously by Aug 15, before the hearing for leave on Aug 29.

If leave is granted by the court, then the judicial review can commence.

After the GE15, GRS dropped Bersatu, and shifted sides to support Prime Minister Datuk Seri Anwar Ibrahim’s unity government.

Bersatu claims that the four MPs were terminated by the party, after they sat on the government side of the Dewan Rakyat on Dec 19, 2022.

Bersatu claims that this was in accordance with Article 49A of the Federal Constitution, which states that MPs will lose their seats if they move to another party. Exceptions would be given to MPs who are sacked by their party, or if their party is dissolved or deregistered.

Article 49A(3) of the Federal Constitution provides that the Speaker shall establish that there is a casual vacancy, if the following conditions are met:

• [The MP] having been elected to the House of Representatives as a member of a political party; and
• He resigns or ceases to be a member of the political party, or joins another political party.

Bersatu claims that the four MPs in question had indeed changed their political party from Bersatu to GRS, and that the Speaker should have vacated these four seats, instead of allowing them to sit in Parliament.

With this, Bersatu is seeking a declaration by the court to quash Johari’s Jan 16 decision.

The party is also seeking a declaration that all four MPs have ceased to be members of the house in accordance with Article 49A of the Federal Constitution, and that all four seats are vacant.

Additionally, Bersatu wants Johari to establish casual vacancies, and notify the Election Commission of the said vacancies within 21 days, so that by-elections can be held for all four seats.

Bersatu was represented by Messrs Chetan Jethwani and Company.