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2023 MarsdenLR 2029

HIGH COURT MALAYA KUALA LUMPUR
RONALD KIANDEE & ANOR – Appellant
Versus
DATO JOHARI ABDUL & ORS – Respondent


Petitioner Advocates:Azhar Azizan Harun,Chetan Jethwani,Pravin Thangarajoo,Amirata Al Amirat ,Respondent Advocate: Farah Syuhada Ramli

Amarjeet Singh Serjit Singh J:

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 th

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