JUDGMENT

Abdul Hamid Omar LP:

In this appeal, the dominant question of law which calls for determination is: whether Article XXXIA of Part One of the Constitution of the State of Kelantan (the Kelantan Constitution) to the extent that it provides that a member of the Legislative Assembly who is a member of a political party, shall cease to be a member of the Legislative Assembly if he resigns or for any reason whatsoever ceases to be a member of such political party, is inconsistent with sub-clause (1)(c) of Article 10 of the Federal Constitution which enunciates the right to freedom of association and, if so, to that extent invalid and therefore ineffective by virtue of sub-clause (1) of Article 4 of the Federal Constitution?

In the High Court at Kuala Lumpur, Eusoff Chin J (as he then was) answered the first part of the question in the affirmative and proceeded to hold that it was void under Article 4(1) of the Federal Constitution to the extent where it imposes a restriction in the exercise of the fundamental right of a member of the Kelantan State Legislative Assembly to resign his membership of a political party or for any other reason whatsoever ceases to be a member of such