Hj. Abdul Kadir Sulaiman J.:

On 18 and 19 February 1994 there was a state election held in Sabah to elect 48 members to the Legislative Assembly as provided for under Article 14(2) of the Constitution of the State of Sabah. However, by virtue of Article 14(1)(c) the Sabah Legislative Assembly shall consist also of not more than six other nominated members. Members of two major political parties, the Parti Bersatu Sabah (hereinafter referred to as "the PBS") under the leadership of Datuk Joseph Pairin Kitingan and the State Barisan Nasional (hereinafter referred to as "the BN") under the leadership of Tan Sri Haji Sakaran Dandai, the 2nd defendant, contested in the said election. The plaintiff belonged to the PBS, and all three of them contested in the election and won. When the result of the election was announced the PBS won 25 of the total elected seats as against the BN which managed to obtain the 23 remaining seats. So, PBS obtained a majority of the members in the Legislative Assembly by 2 elected seats. As the leader of the party that had won a majority of the elected seats and a member of the Assembly, Datuk Pairin was on 21 February 1994 duly appointed by the Y