KUALA LUMPUR, Dec 10 — Speaker Datuk Mohamad Ariff Md Yusof today ruled that Datuk Sivarraajh Chandran will be allowed to participate in Dewan Rakyat proceedings until the court makes a final ruling on the legality of his Cameron Highlands parliamentary seat.
Citing Section 36 of the Election Offences Act 1954, the Speaker said the appeal must be brought to the Federal Court for a certification of determination.
“Once the appeal process is completed, the Federal Court must issue the certification either upholding the Election Court’s decision or otherwise change it.
“While this is underway the MP of Cameron Highlands is qualified to attend,” he said in the House.
Ariff had ejected Sivarraajh from the Dewan Rakyat last Wednesday over questions that the latter had yet to get a stay against the Election Court’s November 30 ruling that nullified his GE14 victory in the Pahang federal constituency.
Ariff explained that the matter was beyond his jurisdiction as Speaker as it was not an unexpected vacancy.
“Since Cameron Highlands has stated his intention to appeal, and the Election Commission will only declare a seat vacant upon the issuance of the certification by the Federal Court, he will be regarded as an MP until the process concludes,” he added, referring to Sivarraajh by his constituency.
Outside the House, Barisan Nasional chairman Datuk Seri Ahmad Zahid Hamidi said the Opposition welcomed the Speaker’s ruling, adding that it should be respected and obeyed.
“It is with hope that this will become a guide to all to not make decisions based on their emotions but by referring to the details set out in legal system,” he told reporters at Parliament, referring to leaders from the ruling Pakatan Harapan coalition.
On November 30, the Election Court nullified Sivarraajh’s electoral victory, saying the MP was found to have been involved in vote-buying during campaigning.
Sivarraajh was later ejected from the Dewan Rakyat on December 5, after Jelutong MP RSN Rayer questioned if the MIC man had obtained a stay order from the Election Court that allowed him to participate in House proceedings pending his appeal.
* Editor's note: An earlier version of this article contained an error which has since been rectified.
