JUDGMENT

Hashim Yeop Sani SCJ:

On 20 May 1986 the Yang Di-Pertua Negeri of the State of Sabah gave his assent to an enactment cited as the Constitution (Amendment) Enactment 1986 which came into force on that date. That constitution amendment amended Article 18 of the Constitution of the State of Sabah, adding a new provision whereby an elected member shall vacate his seat in the Assembly if he resigns or is expelled from, or for any reason whatsoever ceases to be a member of, the political party of which he is a member. The applicant was at time of filing of the application an elected member of the Legislative Assembly of the State for the constituency of Bongawan and was a member of the United Sabah National Organisation (USNO), a duly registered political party in that state. The applicant in his affidavit expressed a fear that disciplinary action might be taken against him by USNO which would result in his expulsion and the consequences which follows. His fear was completely justified for by the time the application came to be heard he was already expelled from USNO. As a result of the expulsion and by virtue of the new Article 18(2)(d) of the Sabah Constitution he was requir