KUALA LUMPUR, July 30- Ipoh Barat Member of Parliament M. Kula Segaran on Tuesday failed in his bid to get a declaration that the appointment of two ministers and three deputy ministers, before they took their oath as senators, was null and void and of no effect.
High Court Judge Datuk Zaleha Yusof dismissed Kula’s leave application for judicial review over the appointment of Datuk Seri Abdul Wahid Omar and Datuk Paul Low Seng Kuan as ministers in the Prime Minister’s Department, and deputy ministers P. Waythamoorthy, Dr Loga Balan Mohan Jaganathan and Ahmad Bashah Hanipah.
In her ruling, Zaleha held that there was no provision under the Federal Constitution which prevented appointment to Senate before they (ministers and deputy ministers) took their oaths as senators.
“I am looking purely at law. It is my view from reading of the Federal Constitution, being appointed and taking oath are two different things,” she said.
The judge made the decision after perusing Kula Segaran’s application and written submissions filed by parties. On June 19, Kula Segaran filed the application, naming the two ministers and three deputy ministers as respondents, claiming that their appointment was against the provision of the Federal Constitution.
Attorney-General Tan Sri Abdul Gani Patail and senior federal counsel Amarjeet Singh appeared for the respondents while counsel R. Kengadharan and A. Sivanesan represented the applicant.
Zaleha also said that a minister could be appointed, but as provided by Clause 6 of Article 43 of the Federal Constitution, he (minister) could not exercise his function before he took his oath of office.
“As I have said, the grounds of this application is that the respondents have not been sworn in, prior to their appointment. So, based on that, I agree with the respondents, that there is no arguable case in this application,” she said.
Therefore, Zaleha dismissed the leave application with no order as to costs.
Kula Segaran, in his application, is seeking an order for a declaration that the five respondents were not in law, entitled to hold the position of ministers and deputy ministers under Article 43 and their appointment on May 15, this year was null and void, and of no offect.
The member of parliament, who is also DAP vice-president, is also seeking that all emoluments, privileges and other pecuniary advantages obtained by the respondents be refunded within seven days, from the date of the court order.
Kula Segaran is also seeking relief that all the acts done by, or at the behest of, or under the purported authority of each respondent be declared null and void.
In his supporting affidavit, he had stated that under Article 43(2) of the Federal Constitution, ministers must be appointed from among the members of either House of Parliament and the same applied to the deputy ministers under Article 43A(1).
However, he contended that all respondents were appointed without first being sworn in as members of either House of Parliament on May 15.
“Although the respondents have been sworn in as ministers and deputy ministers, they were not members of the Senate when they took their appointments on May 15, since they had yet to be sworn in as senators, prior to their appointments,” said Kula Segaran.
Outside court, Kengadharan said he would consider filing an appeal over today’s verdict as it involved constitutional issues.
– BERNAMA
