PETALING JAYA: A voter in the Port Dickson parliamentary seat has filed a judicial review, seeking a declaration that the resignation of its MP, Danyal Balagopal Abdullah, to make way for a by-election, is unconstitutional.
Rosmadi Mohd Kassim also wants the High Court to rule that a notice issued on Sept 20 to hold the by-election is declared null and void.
He also wants an order that the Election Commission (EC) be barred from conducting the election on Oct 13 pending the outcome of his judicial review application.
Rosmadi, 56, who named Danyal and the EC as respondents to his action, filed the application in the High Court in Kuala Lumpur yesterday.
Counsel M Reza Hassan, who is appearing for Rosmadi, said a case management had been fixed before Justice Nordin Hassan on Oct 2.
He said sealed copies of court documents would be served on Danyal and the EC as soon as possible.
EC deputy chairman Othman Mahmood announced that the Port Dickson by-election would be held on Oct 13, with nomination day on Sept 29.
The seat fell vacant after Danyal resigned on Sept 12 to make way for PKR president-elect Anwar Ibrahim to attempt a parliamentary comeback.
Danyal, a former naval officer, won the Port Dickson seat with 36,225 votes, beating Barisan Nasional’s VS Mogan (who obtained 18,515 votes) and PAS’ Mahfuz Roslan (who got 6,594 votes) in the May 9 general election.
Othman said it would cost the EC RM3.6 million to conduct the by-election
There are a total of 75,770 voters in the constituency, consisting of 68,486 normal voters, 7,268 early voters, and 16 overseas voters.
Rosmadi, in a press statement, said as a voter, he felt cheated when Danyal vacated the seat to make way for Anwar.
“I also feel Danyal’s action is against the constitution and the parliamentary democratic system that we practise,” he said.
Rosmadi said he was seeking legal redress to seek the opinion of the court.
“For this reason, I instructed my lawyer to file a judicial review application,” he added.
In an affidavit in support of his application, Rosmadi futher said Danyal also breached his constitutional oath he took on July 16 before the Dewan Rakyat Speaker.
“His action to resign four months after the May 9 election is politically motivated and against public policy,” he said.