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HIGH COURT MALAYA PULAU PINANG
KHALIQ MEHTAB MOHD ISHAQ & ANOR – Appellant
Versus
DEWAN UNDANGAN NEGERI PULAU PINANG & ANOR – Respondent
| Table of Content |
|---|
| 1. judicial assessment on the legitimacy of injunctive applications. (Para 1 , 2 , 3) |
| 2. understanding statutory interpretations and precedents. (Para 4 , 5 , 21) |
| 3. arguments surrounding the jurisdiction of the court. (Para 8 , 16 , 18) |
| 4. court's reasoning evaluating separation of powers. (Para 9 , 11 , 27) |
Introduction
[1] This is an appeal against the decision of this Court in dismissing the Plaintiffs' application for an Erinford Injunction to prevent the Defendants from taking action to vacate their seats based on art 14 of the Penang State Constitution ("PSC").
[2] This Court, after hearing the arguments of both Learned Counsels has dismissed encl 74 without costs on 2 March 2023. The parties will be referred to as they were in the High Court.
Brief Facts
[3] The First Plaintiff (ADUN for Bertam) and the Second Plaintiff (ADUN for Teluk Bahang) filed an Originating Summons ["OS-Enclosure 1"] to seek a declaration that art 14A of the ("PSC") is null and void under art 4(1) of the FC because it conflicts with art 10(c) of the Federal Constitution (" ")
[4] On 12 January 2023, this Court dismissed the OS on the primary basis that the primary ca
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