The Penang Pakatan Harapan plans to remove three assemblymen over their support for the Perikatan Nasional government.
Khoo reminded that a similar anti-hopping law in Kelantan was held to be unconstitutional, as the Federal Constitution allows for freedom of association. But he said Afif, who has been suspended by PKR, could lose his seat due to a state law in which assemblymen expelled from their parties would have to resign.Chow had said he was aware that the state’s 2012 anti-hopping law was deemed unconstitutional, but felt the courts could relook the case to fit current times as the ruling was made some three decades ago.PH comprising DAP and PKR holds 34 seats in the 40-member assembly.
Khoo added that the court would also have to consider whether stopping an elected representative from changing parties would violate his right to freedom of association under Article 10 of the Federal Constitution.
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