Wan Suleiman FJ:

Civil Appeals No. 34, 35 and 36 of 1983 concern 3 suits by a total of 157 persons who claimed to be Penghulus Kampong who had filed the suits against the 3 respondents who were the Menteri Besar, the State Secretary and the Government of the State of Kelantan, respectively.

The plaintiffs in the 3 suits alleged that their dismissal by the first defendant/respondent had been unconstitutional and unlawful, that there had been breach of the relevant constitutional provision of the Kelantan State Constitution as well as Article 8 of the Federal Constitution, and in their prayer they sought:

(1) a declaration that the State Government unconstitutionally acted in dismissing the plaintiffs as Penghulus;

(2) a declaration that such dismissal was contrary to Clause LX (first part) of the Constitution;

(3) an order that the plaintiffs be reinstated as Penghulus alternatively

(4) an enquiry into damages in respect of annual allowances, travelling allowances, gratuity and/or pensions due to the plaintiffs. They also sought further or other reliefs.

The defendants/respondents did not file a defence but an application was made under O. 18 r. 19 of the Rules of the High