Eusoff Chin J:

The facts of the case had been agreed to by the parties, and they are:

a) The plaintiffs were elected to the Dewan Undangan Negeri Kelantan during the General Elections held on 21 October 1990 and subsequently sworn in as members.

b) On 25 April 1991 the first defendant passed the Enakmen Undang-undang Perlembagaan Tubuh Kerajaan Kelantan (Bahagian Pertama) (Pindaan) 1991.

c) On 3 July 1991 the first defendant passed a resolution pursuant to the impugned legislation that the first and second plaintiffs had ceased to be members of the Dewan Undangan Negeri Kelantan and declared the seats for the constituencies of Sungai Pinang and Limbongan vacant.

d) By reason of the vacancies the Election Commissions of Malaysia took steps to hold by-elections in the aforesaid constituencies, with the dates of nominations of candidates fixed for 12 August 1991 and the by-elections held and completed on 26 August 1991.

e) In the by-elections aforesaid, the plaintiffs stood for election as candidates of the Barisan Nasional but lost.

The enactment mentioned in para. (b) of the agreed facts amended Part One of the constitution of the State of Kelantan (hereinafter referred to