By M.MAGESWARY
KUALA LUMPUR: The High Court on Monday ordered the Election Commission to hold a by-election for Kota Siputeh state seat in Kedah within 60 days from Nov 16 when the High Court had ruled the seat was vacant.
In a landmark decision on Nov 16, the High Court ruled that Barisan Nasional’s Datuk Abu Hassan Sarif was no longer the Kota Siputeh assemblyman because he had failed to attend two consecutive meetings of the state legislature without leave.
When declaring the seat vacant, High Court (Appellate and Special Powers) Justice Alizatul Khair Osman Khairuddin had said the commission had acted illegally and irrationally in deciding there was no vacancy of the Kota Siputeh seat and in holding that Abu Hassan was still its assemblyman.
She had said that the power to give leave from attending the assembly lay with the Speaker of the Kedah Assemby who had already declared the seat vacant because the assemblyman had been abset without leave for two consecutive meetings.
She had also ordered the Commission to call a by-election for Kota Siputeh.
However, she set Nov 20 to hear an application by Abu Hassan and the Commission for a stay on her decision.
She dismissed the stay application on Monday
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