
This follows a landmark Federal Court ruling today which found that the state constitution banning party hopping was in line with the Federal Constitution.
Chief minister Chow Kon Yeow said the outcome was much desired, as it wanted the courts to relook an earlier precedent which stated a similar Kelantan law unconstitutional some 30 years ago.
“We will deliberate on the next course of action on Friday,” Chow said in a statement.
The four assemblymen are Dr Afif Bahardin (Seberang Jaya, ex-PKR), Zulkifli Ibrahim (Sungai Acheh, ex-PKR), Khaliq Mehtab Mohd Ishaq (Bertam, Bersatu but pro-PN), and Zolkifly Md Lazim (Telok Bahang, Bersatu but pro-PN).
They had previously filed an injunction against the Penang legislature from passing a motion to vacate their seats after they decided to support PN.
The motion was then deferred to avoid the prospect of having by-elections during the pandemic, especially following the Sabah polls which saw Covid-19 numbers soar.
The four had filed a suit to try and stop their seats from being vacated.
In 1992, the Supreme Court ruled that Kelantan’s state law barring party hopping was illegal as it violated Article 10(1)(c) of the Federal Constitution on freedom of association.
Chief Justice Tengku Maimun Tuan Mat today said the Federal Constitution did not guarantee elected assemblymen the fundamental right to change political party membership.
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