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Kes tuntutan peruntukan bajet untuk kawasan Parlimen Sg Siput

February 26, 2011
Judicial review for MP allocation clears first hurdle
Feb 25, 11 12:39pm
Sungai Siput MP Dr Michael Jeyakumar Devaraj today obtained leave from the High Court to challenge a decision by government agencies which rejected his application for funds for various projects in his constituency.

In allowing his leave application for a judicial review, justice Aziah Ali held that the applicant (Jeyakumar) had shown there was a case fit for further consideration.

“I agree with learned counsel for the applicant that there are issues that go to the merits of the application which ought to be resolved at the hearing of the substantive motion,” she said in her judgment.

The judge also dismissed the preliminary objection raised by the Attorney-General’s Chambers and allowed the leave application.

The Attorney-General’s Chambers had raised the objection on the grounds that there was no substance in Dr Jeyakumar’s application, as well as abuse of the court process.

His counsel S Ambiga informed reporters that the court set March 18 for case management for the full hearing of the judicial review application.

On Oct 29, last year, the Parti Sosialis Malaysia leader filed the leave application for a judicial review, naming the director-general of the Implementation Coordination Unit of the Prime Minister’s Department, Perak Development Office director and the government, as respondents.

He filed the legal action after his application to the development office director for funds to be used as contributions to SMJK Shin Chung, SJK Methodist and Nurul Ihsan Orphanage, as well as funds for small projects to benefit Orang Asli villages, was rejected via a letter by the director on Oct 12, last year.

Dr Jeyakumar said his request for the funds ought to have been granted as all projects he had applied for, were the kind that the special constituency allocation was supposed to be utilised for.

He claimed that it was highly likely that the respondents exercised their discretion to grant funds from the special constituency allocation with bias, in favour of MPs from the ruling BN coalition, and with prejudice against MPs from opposition parties.

He is seeking, among others, a declaration that the special constituency allocation must be provided to all MPs equally, in accordance with Article 8 (1) of the Federal Constitution.

He is applying for a mandamus order to compel the respondents to explain their authority in disbursing the funds from the special constituency allocation at their discretion and to specify the procedure for allocation of funding since 2008.

The MP also wanted a writ of quo warranto to be issued against the respondents for them to give information on their authority to exercise the discretion to approve and disburse funds from the federal consolidated funds and special constituency allocations.

– Bernama

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