Tough For Umno To Sue Crossovers To Ppbm Says Ex Judge


PPBM chairman Dr Mahathir Mohamad receives the membership form of Mustapa Mohamed in a press conference on Oct 26, 2018. (Bernama pic)PETALING JAYA: A retired Federal Court judge believes Umno is likely to fail in its attempt to recover costs from elected representatives who have crossed over to PPBM, given existing court rulings on similar cases
Speaking to FMT, Gopal Sri Ram cited two Federal Court decisions: Datuk Ong Kee Hui v Sinyium Anak Mutit, and Nordin bin Salleh v Dewan Undangan Negeri Kelantan
He said any contract between an elected representative and his political party that he would vacate his seat and return election expenses upon defection is illegal and void
For the same reason, he said, a claim based on breach of trust might also fail
“Even an anti-hopping law is unconstitutional and invalid as held in Nordin’s case,” he told FMT
Sri Ram said a court would not indirectly enforce a matter which could not be directly enforced
“If a political party sues to compel resignation or even to recover election expenses, the member could succeed on grounds of public policy,” he added
He said the law could neither directly nor indirectly enforce an arrangement that forbids resignation from a political party
Umno is filing lawsuits to seek damages from former leaders Mustapa Mohamed, Hamzah Zainudin and Ikmal Hisham Abdul Aziz for alleged breach of contract in leaving the party last year
The suits were filed at the Kota Bahru and Kuala Lumpur High Courts on Tuesday
The former dominant party in the Barisan Nasional coalition wants the three current PPBM members to pay a total of RM600,000 in damages
“Umno approved their membership applications and thus there exists a contractual relationship between the defendants (the three MPs) with us,” the party said
Umno also said it had given RM200,000 each to Mustapa, Hamzah and Ikmal to spend on the general election
Umno claimed that voters under the Jeli, Larut and Tanah Merah constituencies had lost confidence in the party
“We have also lost the parliamentary seats,” the party added
Umno is seeking general and aggravated damages from Mustapa, Hamzah and Ikmal as well as a court declaration that they breached their contracts with the party
In 1982, the Federal Court ruled that submitting an undated resignation letter to the speaker was contrary to public policy and therefore void
Then-Federal Court judge Salleh Abas said: “The system of representative government is based upon freedom of choice
“The electors must be free to choose a candidate to represent them in the legislature, while the candidate who is successfully returned must in turn be free to act in accordance with his independent judgment
“Any arrangement depriving him of this independence is frowned upon by the law as violating public policy.”In another well-known case, Nordin Salleh (Sungai Pinang) and Wan Mohamed Najib Wan Mohamaed (Limbongan) won their state seats on the then-Semangat 46 ticket in the 1990 general election
However, both defected to Umno in 1991. The Kelantan state assembly amended the state constitution and passed an anti-hopping law that took retrospective effect from Nov 18, 1990
The speaker declared the seats vacant and both men contested again in by-elections but lost
The duo then sought legal remedy and the Supreme Court in 1992 held that the amendment to the state constitution was designed to enforce party discipline, not impose restrictions on state assemblymen
The court said the amendment breached Article 10 of the Federal Constitution which guarantees freedom of association
Nordin and Wan Mohamed were subsequently reinstated as assemblymen

Sri Ram said it was unlikely that the apex court would depart from established precedents. - FMT

Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2019/08/tough-for-umno-to-sue-crossovers-to.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+Must

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Judge Probed For Bribery Transferred To Head Office Says Cj

Judge Probed For Bribery Transferred To Head Office Says Cj

papar berkaitan - pada 9/8/2019 - jumlah : 44 hits
The Kuala Kubu Baru Sessions Court judge who was by the MACC last month has been transferred out confirmed Chief Justice Tengku Maimun Tuan Mat today No he is not suspended but he has been transferred out of Kuala Kubu Baru she told media i...
Dong Zong Racist Says Dr M On Objection Over Khat

Dong Zong Racist Says Dr M On Objection Over Khat

papar berkaitan - pada 13/8/2019 - jumlah : 153 hits
Prime Minister Dr Mahathir Mohamad today hit out at Chinese education group Dong Zong labelling them racists amid continued objection to the introduction of khat in the Year 4 Bahasa Melayu syllabus Speaking to reporters after an event in L...
Chill Ppbm Man Says On Call For Dr M To Resign

Chill Ppbm Man Says On Call For Dr M To Resign

papar berkaitan - pada 15/8/2019 - jumlah : 48 hits
Dr Mahathir Mohamad with Anwar Ibrahim who is expected to succeed him as prime minister PETALING JAYA Two PPBM Supreme Council members have called for patience in the wake of a statement by PKR MP Hassan Karim that Dr Mahathir Mohamad shoul...
Sue Zakir Naik And Kelantan Pas Government For Billions

Sue Zakir Naik And Kelantan Pas Government For Billions

papar berkaitan - pada 13/8/2019 - jumlah : 89 hits
Its time for the Malaysian Indians to stop talking and start acting SUE ZAKIR NAIK and KELANTAN PAS GOVERNMENT FOR BILLIONS over Zakir Naik undermining the Malaysian Indian Hindus for not being loyal to the leader and country The Kelantan P...
Guan Eng Leiking Lied About Funding For 3rd National Car Says Wee

Guan Eng Leiking Lied About Funding For 3rd National Car Says Wee

papar berkaitan - pada 11/8/2019 - jumlah : 115 hits
MCA president Wee Ka Siong has trained his guns on ministers Lim Guan Eng and Darell Leiking over the funding for the third national car This comes after DreamEDGE Sdn Bhd the company driving the project confirmed there is investment from t...
Malaysia Is For Malays Says Perlis Mufti

Malaysia Is For Malays Says Perlis Mufti

papar berkaitan - pada 16/8/2019 - jumlah : 49 hits
Perlis mufti Mohd Asri Zainul Abidin PETALING JAYA Perlis mufti Mohd Asri Zainul Abidin has criticised those he claims disregard the dominance of the Malays in Malaysia saying the idea that all races are equal in moulding a nation s identit...
Dap Partly To Blame For Dong Zong Being Labelled Racist Says Mca Youth

Dap Partly To Blame For Dong Zong Being Labelled Racist Says Mca Youth

papar berkaitan - pada 14/8/2019 - jumlah : 74 hits
DAP is partly to be blamed for causing Chinese education group Dong Zong to be labelled as racist says MCA Youth Its chairman Nicole Wong Siaw Ting said DAP s role cannot be discounted in the khat controversy as Deputy Education Minister Te...
Umno Sues 3 Ex Mps For Rm600 000 Over Alleged Breach Of Contract

Umno Sues 3 Ex Mps For Rm600 000 Over Alleged Breach Of Contract

papar berkaitan - pada 15/8/2019 - jumlah : 59 hits
Mustapa Mohamed Hamzah Zainuddin and Ikmal Hisham Abu Aziz PETALING JAYA Umno has filed three lawsuits to seek damages from its former leaders Mustapa Mohamed Hamzah Zainudin and Ikmal Hisham Abdul Aziz for alleged breach of contract for le...
Shameful Day For Malaysia Says Mp After Lynas Gets Nod To Continue Operations

Shameful Day For Malaysia Says Mp After Lynas Gets Nod To Continue Operations

papar berkaitan - pada 16/8/2019 - jumlah : 86 hits
Bentong MP Wong Tack PETALING JAYA Bentong MP Wong Tack a vocal critic of the Lynas rare earths processing plant has described today as a day of shame after Putrajaya allowed its licence to be renewed The DAP MP said as of now there were 60...
Wanita Hamil Maut Dilanggar Adiknya Yang Sedang Undurkan Kereta

Pemilihan Aliran Ke Tingkatan 4 Selepas Pt3 Ibubapa Pun Pening Juga Nak Fikir

Usahawanita Berjaya Ini Berkongsi 10 Nasihat Aliff Syukri Untuk Anak Muda Nasihat Ke 9 Sangat Aku Kagum

Bahaya Natijah Sakit Gigi Tidak Terjangkau Dek Akal

Kalau Berumah Di Pinggir Kumbahan

Terima Kasih Dap

Dah Sebulan Ujir Menghilang Sedihnya Hanya Tuhan Yang Tahu

Sagu Gula Merah Special



Biodata Shaza Bae Shaza Peserta Dewi Remaja 2019

Kenapa Papan Kekunci Nombor Telefon dan Kalkulator Berbeza

Kisah Manusia Pertama Yang Membuat Siaran Langsung 24 7 Kehidupannya

Biodata Dan Latar Belakang Penyanyi MK K Clique

Reformasi Yutori Kyoiku 2002 Punca Pelajar Jepun Jadi Terlebih Manja


Resepi Ketam Masak Cili Telur Senang Sedap

Cuba Jatuh Kerajaan Ph Musuh Negara

The Lova Dengan Nama Cinta Chord

Kerja Yang Tak Pernah Habis Buat Ibu Penat Sangat Rupanya Zikir Ini Membantu

Enam Beradik Hilang Ayah Lepas Tiga Jam Balik Dari Umrah Tiada Lagi Orang Nak Bawa Jalan Jalan Sedihnya

Pokok Kacang Panjang Renek