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Penang’s anti-hopping law constitutional, rules Federal Court
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PUTRAJAYA: The Federal Court has declared that an anti-hopping enactment passed by the Penang legislative assembly in 2012 is constitutional.
A seven-member bench chaired by Chief Justice Tengku Maimun Tuan Mat said Article 14A of the state constitution is also not void as it is consistent with Article 10(1)© of the Federal Constitution.
“In our view, the respondent (the state legislature) was entitled to enact the law to determine membership qualification,” she said.
This issue came about in 2020 after four Penang assemblymen filed an action to challenge a motion introduced by the state assembly’s speaker for them to vacate their seats and for by-elections to be held, after they defected from Pakatan Harapan.
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4 Penang reps to know fate on Friday after switching allegiance
GEORGE TOWN: Penang will decide the fate of four of its assemblymen who switched their support from Pakatan Harapan to Perikatan Nasional (PN) in an exco meeting on Friday.
This follows a landmark Federal Court ruling today which found that the state constitution banning party hopping was in line with the Federal Constitution.
Chief minister Chow Kon Yeow said the outcome was much desired, as it wanted the courts to relook an earlier precedent which stated a similar Kelantan law unconstitutional some 30 years ago.
“We will deliberate on the next course of action on Friday,” Chow said in a statement.
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