KUALA LUMPUR: The Port Dickson voter who sought to challenge the resignation of former MP Danyal Balagopal Abdullah today failed in his bid to nullify the move.
Danyal’s lawyer Ranjit Singh said High Court judge Nordin Hassan dismissed Rosmadi Mohd Kassim’s judicial review to challenge the former navy man’s resignation to make way for PKR president-elect Anwar Ibrahim to stand in what will be the fourth by-election since the May 9 polls.
Ranjit said the judge had ruled that there was no arguable case in Rosmadi’s legal challenge.
“The judge said Article 51 of the Federal Constitution allows an MP or senator to tender his resignation to the speaker of the Dewan Negara or Dewan Rakyat.
“There is nothing to stop a senator or MP from resigning,” he said, adding that the speaker had 60 days to fill the vacancy after receiving the notice of resignation.
No order was made to costs.
Rosmadi’s lawyer M Reza Hassan said he would seek his client’s instruction on whether to appeal against the dismissal.
“It is a difficult threshold to pass,” he added.
Reza also said the High Court had fixed Nov 5 to hear another suit by a Port Dickson voter against the status of Anwar’s royal pardon.
Rosmadi filed the judicial review two days before nomination day, seeking a declaration that Danyal’s resignation to make way for a by-election was unconstitutional.
He sought for the by-election to be declared null and void, as well as a court order to stop the Election Commission (EC) from holding the by-election on Oct 13 pending the outcome of his judicial review application.
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.
The EC said it would cost RM3.6 million to conduct the by-election.
There are a total of 75,770 voters in the constituency: 68,486 normal voters, 7,268 early voters and 16 overseas voters.
Anwar, who is seeking to make a comeback to the Dewan Rakyat, is vying for the Port Dickson seat against six other candidates: PAS’ Mohd Nazari Mokhtar, a former naval officer; former Negeri Sembilan menteri besar Isa Samad, Stevie Chan, Lau Seck Yan, Kan Chee Yuen and Anwar’s former aide Mohd Saiful Bukhari Azlan, who are contesting as independents.