PUTRAJAYA: Three Barisan Nasional Selangor assemblymen succeeded in their appeal Friday to reinstate the civil suit that sought declaratory relief concerning the legality of the Selangor State Committee on Competency, Accountability and Transparency (Selcat).
A three-member Appellate Court panel, comprising justices Datuk Wira Low Hop Bing, Datuk Abdul Malik Ishak and Datuk Clement Allan Skinner, unanimously set aside the Shah Alam High Court's decision to strike out the suit filed by Sungai Air Tawar State Assemblyman Datuk Raja Ideris Raja Ahmad, Morib assemblyman Hasiman Sidom and Kuala Kubu Bharu assemblyman Wong Koon Mun.
Low, who chaired the panel, said the court was unable to agree with the High Court judge that their originating summons did not have sustainable cause of action.
The court ordered the suit be reinstated and remitted back to the High Court. The case would be heard and dispose off the merits before another High Court judge.
The assemblymen filed the originating summons naming Selcat chairman Teng Chang Kim, six Selcat members, namely Haniza Mohamed Talha, Mohamed Azmin Ali, Saari Sungib, Edward Lee Poh Lin, Sulaiman Abdul Razak and Ismail Sani, Selangor state assembly speaker, Selangor state assembly secretary and Selangor Government as defendants.
They filed the suit, seeking among others, a declaration that the formation of Selcat and/or its proceedings were null and void and had no effect, whatsoever.
The assemblymen also wanted the court to declare the committee was in breach of standing orders, state laws and federal constitution, and had acted in excess of its jurisdiction; and did not reflect the balance between the parties within the state assembly.
The High Court on March 22 had struck out the suit under Order 18, Rule 19 (1) (a) of the Rules of the High Court 1980 on grounds that it (the suit) disclosed no reasonable cause of action.
Lawyers Kamarul Hisham Kamaruddin and M. Athimulan represented the assemblymen while counsel Tommy Thomas represented the respondents. Bernama
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