The assembly and Speaker want the Federal Court to decide on the question of whether or not Article 14A of the Penang state Constitution is void, as it was inconsistent with Article 10 of the Federal Constitution on the right to freedom of association.
In his decision on Tuesday , he gave the nod to the applicants to refer the constitutional question to the Federal Court after deciding that they had fulfilled the basic requirements under Section 84. JC Azizan, in his decision, also said the case of Abdul Karim Abdul Ghani vs Legislature of Sabah, Involving issues on the disqualification of a member of the state legislative assembly under Article 74 of the Federal Constitution, ought to be determined by the Federal Court.
Assemblymen Zulkifli Ibrahim , Afif Bahardin , Khaliq Mehtab Mohd Ishaq and Zolkifly Md Lazim had filed three writs of summons in 2020 against the assembly and Speaker to challenge a motion introduced in October that year for the four to vacate their seats and by-elections to be held.
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