Anand Ponnudurai J:

Introduction

[1] The four plaintiffs were all previously duly elected Assemblymen for the State of Penang at the 14th Malaysian General Election (hereinafter referred to as "GE-14"). A motion dated 10 February 2023 pursuant to art 14A of the Constitution of the State of Penang (hereinafter referred to as "the PSC") was tabled and debated during the Penang State Legislative Assembly on 6 March 2023 which was duly passed which led to the four plaintiffs having to vacate their seats as State Assemblyman.

[2] Through this originating summons, the four plaintiffs seek inter alia declarations that the said resolution passed was void/unlawful and as a result thereof also seek declarations that the plaintiffs remained members of the State Legislative Assembly until its dissolution in June 2023.

[3] This originating summons brings to fore the substantive issue for judicial determination as to whether the defendants had acted within the legal framework of art 14A of the PSC in declaring the plaintiffs' seats vacant and if not, whether the impugned motion and resolution passed thereto are non-justiciable by virtue of art 18 of the PSC and/or art 72(1) of the Federal