Alauddin Mohd Sheriff JCA:

Introduction

By way of a notice of motion dated 31 January 2002 the appellant applied for judicial review wherein he sought the following orders:-

(a) A declaration that, notwithstanding the appellant's appointment as Vice President of Parti Rakyat Malaysia ("PRM") on 14 July 2001, he is not disqualified from being a member of the Bar Council ("BC") 2001-2002; and

(b) A declaration that, notwithstanding the appellant continuing to hold the office of Vice President of PRM, he is not disqualified from offering himself as a candidate for election to the BC 2002-2003 and in subsequent years; and

(c) In the event it becomes necessary for amendments to be made to these declarations, the appellant shall seek leave of the court at the appropriate time to move for the addition of the following declarations:-

(i) A declaration that s. 46A(1)(c)(ii) ("the impugned statutory provison") of the Legal Profession Act 1976 ("the Act") is inconsistent with the Federal Constitution ("FC") and is in consequence void; and

(ii) A declaration that, notwithstanding his holding of the office of Vice President of PRM, the appellant is entitled to take office and serve as