By Syed Jaymal Zahiid
KUALA LUMPUR, Nov 23 - Umno can still go to the Appellate Court to try and reverse the High Court ruling that a by-election be held in Kota Siputeh but the party said today they are already bracing for battle.
The Election Commission (EC) failed today to get the High Court here to stay its Nov 16 decision that a by-election in the Kedah state seat of Kota Siputeh must be held within 60 days.
This means that the EC will have until Wednesday to announce the date for the by-election which leaves Umno with only a day to apply for leave to appeal against the High Court’s decision.
Umno information chief Datuk Ahmad Maslan today said the party’s head legal advisor, Datuk Hafa Rizam Harun, will still try and appeal tomorrow, despite the time constraint.
“But whether or not the court can grant the stay of execution tomorrow is unknown. The bottom line is the EC will have to decide on Wednesday and I am saying we are prepared for a by-election,” he told a press conference at Parliament lobby here.
The Kota Siputeh was declared vacant by the Kedah State Assembly Speaker after its incumbent, Umno’s Datuk Abu Hasan Sarif failed to attend two consecutive assemblies.
Under the state constitution, the Speaker can declare the seat vacant if the representative fail to give concrete reason or to inform the House of the reason behind his or her absence.
The EC rejected the Speaker’s decision to declare the seat vacant and this led to a court battle.
Kedah is governed by Pakatan Rakyat with PAS lawmakers dominating the assembly.
The Kota Siputeh state seat, which falls under the Jerlun parliamentary constituency helmed by Umno’s Datuk Mukhriz Mahathir, is traditionally a Barisan Nasional-Umno stronghold. Abu Hasan won the seat with a slim majority of 495 in Election 2008.
Ahmad said this factor will be an advantage to the ruling party and he hopes to repeat in Kota Siputeh the success it had in the Bagan Pinang vote.
“We will use the experience to try and increase the majority there,” he said, referring to the whopping threefold increase in majority votes the party received in the Bagan Pinang state vote.
Umno will likely face PAS in the likelihood that the Appellate Court refuses to grant them a stay of execution tomorrow.
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