AFIF BAHARDIN vs DEWAN UNDANGAN NEGERI PULAU PINANG & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 122

HIGH COURT MALAYA PULAU PINANG
AFIF BAHARDIN – Appellant
Versus
DEWAN UNDANGAN NEGERI PULAU PINANG & ANOR – Respondent

Petitioner Advocates:Datuk DP Naban,Rosli Dahlan,Hafiz Bin Hood,Thenesh Anbalagan ,Respondent Advocate: Dato' Malik Imtiaz,Surendra Ananth,Khoo Suk Chyi,Wong Ming Yen

Table of Content
1. nature of appeal and foundational facts underlying the case. (Para 1 , 2 , 3 , 4)
2. jurisdictional authority of the court to grant a temporary injunction. (Para 8 , 12 , 14)
3. limits on judicial intervention according to separation of powers. (Para 25 , 26 , 27)

Azizan Md Arshad JC:

Introduction

[1] This is an appeal against the decision of this Court in dismissing the Plaintiff's application for an Erinford Injunction to prevent the Defendants from taking action to vacate his seat based on art 14 of the Penang State Constitution ("PSC").

[2] This Court, after hearing the arguments of both Learned Counsels has dismissed encl 71 without costs on 2 March 2023. The parties will be referred to as they were in the High Court

Brief Facts

[3] The Plaintiff (ADUN for Seberang Jaya) filed the Originating Summons (encl 1) in order to obtain a declaration that art 14A of the Penang State Constitution is void under art 4(1) of the Federal due to its inconsistency with art 10(c) of the FC .

[4] On 12 January 2023, this Court dismissed the OS on the primary basis that the primary cause of action relating to the constitutionality of art 14A of the PSC was decided by the Federal Cou

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2023 MarsdenLR 122

HIGH COURT MALAYA PULAU PINANGAFIF BAHARDIN – AppellantVersusDEWAN UNDANGAN NEGERI PULAU PINANG & ANOR – Respondent

Cases Referred (3)

HIGH COURT MALAYA PULAU PINANG
AFIF BAHARDIN – Appellant
Versus
DEWAN UNDANGAN NEGERI PULAU PINANG & ANOR – Respondent