KUALA LUMPUR: The discretion to decide whether a seat is vacated under the new anti-hopping law lies with the speaker, says constitutional and legal expert Professor Dr Nik Ahmad Kamal Nik Mahmood.
"Similar to the Federal constitution, the state constitution grants the speaker the discretion to determine whether a seat is vacated by virtue of the new anti-hopping law. Since the Kelantan State Assembly speaker has made this decision, the Election Commission (EC) is now obliged to perform its legal duty to conduct the by-election," he said when contacted.
Earlier today, the Kelantan state assembly declared the Nenggiri state seat vacant, setting the stage for a potential by-election.
Speaker Datuk Mohd Amar Nik Abdullah announced that the seat was declared vacant effective today, following the notification of assemblyman Mohd Azizi Abu Naim's termination received on June 13.
After the revocation of Azizi's membership with Bersatu, Amar said the state assembly decided to vacate the seat effective today in accordance with Phase Three of Article 31(A) of the state constitution.
He added that under Article 31(A)(4) of the state constitution, the unexpectedly vacant seat must be filled within 60 days from the day the Election Commission receives the notice.
Azizi is also Gua Musang member of Parliament (MP).
Nik Ahmad Kamal said that if the said assemblyman (Azizi) is dissatisfied with the speaker's decision, he had the option to challenge it in court.
"It is up to the court to determine whether the speaker's decision is correct. When the matter goes to court, it raises the question of whether the speaker's decision is subject to judicial review. Legislative proceedings have constitutional protection from judicial review, as provided in the constitution."
When asked if a similar outcome could be expected at the parliamentary level, Nik Ahmad Kamal said, "If the Dewan Rakyat speaker (Tan Sri Johari Abdul) decides differently, it can create issues regarding the interpretation of the new anti-hopping law, leading to questions about the law's consistency and strength."
Aside from Azizi, other Bersatu members of Parliament who have gone rogue include Labuan MP Datuk Dr Suhaili Abdul Rahman, Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), and Datuk Dr Zulkafperi Hanapi (Tanjong Karang).
On June 12, Bersatu secretary-general Datuk Seri Hamzah Zainudin announced that the membership of these six elected representatives had ceased.