ARTICLE 59 of the federal constitution expressly states that every member of either House of Parliament shall, before taking his seat, take and subscribe before the person presiding in the House an oath in the form set out in the Sixth Schedule.
Article 133 states: “There shall be an Election Commission, to be constituted in accordance with Article 114, which, subject to the provisions of federal law, shall conduct elections to the House of Representatives and the Legislative Assemblies of the States, and prepare and revise electoral rolls for such elections.”In other words, the constitution provides procedures on how elections to the Dewan Rakyat are carried out.
It is humbly submitted that the moment a proposed/future MP subjects him/herself to Part VIII of the constitution, in the very same process that a citizen subjects him/herself through Part VIII of the constitution, it gives rise to a legally binding obligation on the part of the proposed/future MP to honour his or her representations to that citizen. The consideration in return for honouring the said representations is necessarily and obviously the vote. Hence, a sealed deal.
This deliberate fundamental breach of the oath must, by necessary implication, require that the MP vacate their seat. However, Abdul Hamid Omar LP went on: “Be that as it may, the position is clear in that upon his election to the legislature, the right to freedom of speech and expression in the legislature is guaranteed by Article 72 of the constitution and the right to continue as a member for the whole duration of the term of the legislature is likewise guaranteed by the constitution with this qualification, namely, that a member of the legislature may be disqualified upon the grounds specified in S6 of Pt...
For this reason, there is a necessity to revisit this part of Nordin’s case. This is because the Supreme Court in that case had distinguished the case of Mian Bashir, and relied on the minority view as opposed to the majority view, which comprised the view by the acting chief justice elaborated above.It is humbly submitted that the right to continue as part of the legislature for the whole duration can only exist so long as the oath is not breached for the whole duration.
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Patriot: Number of MPs in support of Perikatan and Pakatan must be made public | Malay MailKUALA LUMPUR, March 6 — The National Patriots Association (Patriot) today said that the numbers of MPs in support of both Perikatan Nasional (PN) and Pakatan Harapan (PH) must be made public. Patriot’s president, Brigadier General (Rtd) Datuk Mohamed Arshad Raji in a statement today said that... I believe they don't have the number at that time that's why its not revealed till today... I believe the voters have the right to know what stand do their MPs have coz we voted them to represent us not representing their pocket... Sorry, we don't take your instructions
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