The Speaker's decision on parliamentary membership cessation is non-justiciable and protected under the Federal Constitution's provisions regarding legislative privileges.

Introduction

[1] The applicants are office bearers of Parti Pribumi Bersatu Malaysia ("PPBM"). They filed this application for leave to commence judicial review proceedings for the following reliefs:

(a) an order for certiorari to remove into this Court and quash the decision of the 1st respondent, the Speaker of the House of Representatives ("the Speaker" and "the House" respectively) in a letter dated 16 January 2023 ("to the effect that there is no casual vacancies for the Parliamentary Constituencies of Papar, Batu Sapi, Ranau, and Sipitang under art 49A(1) of the Federal Constitution ("the impugned decision");

(b) a declaration that the 2nd to 5th respondents have ceased to be Members of the House pursuant to art 49A of the Federal Constitution ;

(c) a declaration that the seats of the Parliamentary Constituencies of Papar, Batu Sapi, Ranau, and Sipitang have become vacant; and

(d) an order for Mandamus directing the Speaker to establish that there is a casual vacancy in relation to the Parliamentary Constituency seats of Papar, Batu Sapi, Ranau, and Sipitang respectively and to notify the Election Commission of the said vacancy within 21 days of the order of this Honourable Court.

[2] On 16 November 2023, I dismissed the application. This judgment contains the reasons for my decision.

Background

[3] The applicants bring this proceeding on behalf of PPBM as office bearer and PPBM's public officer respectively. The Members of Parliament whose seats are in dispute are the 2nd to 5th respondents.

[4] The facts show that the 2nd, 3rd and 5th respondents were members of United Malays National Organisation ("UMNO"), a component party of Barisan Nasional ("BN"). They left UMNO and joined PPBM on 14 April 2019, 4 May 2019 and 29 December 2018 respectively. The 4th respondent was formally a member of Parti Keadilan Rakyat ("PKR"). He too left PKR and on 4 May 2021 joined PPBM. PPBM was at that time a component party of Perikatan Nasional ("PN").

[5] On 29 July 2020, Gabungan Rakyat Sabah ("GRS") was set up as an informal alliance made up of PN, BN and Parti Bersatu Sabah ("PBS") to contest in the Sabah State Election held on 26 September 2020. Thereafter, on 11 March 2022, GRS was registered as a coalition party under the Societies Act 1966. On 18 March 2022, it was announced that the GRS coalition consist of the following political parties: (i) PPBM; (ii) PBS; (iii) STAR; and (iv) SAPP.

[6] On 10 October 2022, the House was dissolved paving the way for the 15th General Elections which was held on 19 November 2022. The 2nd, 3rd, 4th and 5th respondents were successful candidates for the seats they contested under the GRS logo.

[7] The outcome of the 15th General Elections resulted in a hung Parliament. Two candidates were in the forefront: the chairman of PPBM and the chairman of Pakatan Harapan, Datuk Seri Anwar Ibrahim ("DSAI"). BN put its support behind DSAI. Eventually, on 24 November 2022, the Yang di-Pertuan Agong swore in DSAI as the Prime Minister. GRS also put its support behind DSAI.

[8] Thereafter, the following events unfolded:

(i) On 10 December 2022, the Chairman of GRS issued a press statement to the effect that the 2nd to 5th respondents have decided to leave PPBM.

(ii) On 13 December 2022, the 2nd respondent issued a press statement indicating that he is still a member of PPBM and that he contested as a candidate for GRS and not PPBM.

(iii) On 18 December 2022, GRS announced that it had removed PPBM from their coalition effective 9 December 2022.

(iv) On 19 December