GEORGE TOWN, Dec 31 – The Penang High Court on Wednesday rejected PAS state liaison secretary Iszuree Ibrahim’s application to quash the decision of the state executive council (exco) of removing him from all the standing committees of the Penang Island Municipal Council (MPPP) and on the freezing of his allowance.
Judicial Commissioner Collin Lawrence Sequerah in his decision said that Section 10 of the Local Government Act 1976 provided that any local authority had the right and discretion to appoint and dismiss members of the local council. While dismissing the application for judicial review filed by Iszuree, Collin said Iszuree’s dismissal was valid because under the Act (Local Government Act), a member of the council did not have the right to be heard before being stripped of his post.
The court also ordered Iszuree to pay RM5,000 in costs to the MPPP, which is now known as the Penang City Council (MBPP), and RM2,500 each to the state exco and the Penang state government. On Nov 14 last year, Iszuree filed an application for judicial review, naming the state exco as the first respondent, MBPP as the second, and the Penang state government as the third respondent in the suit.
He filed the application to revoke the letter sent by the second respondent dated Sept 26, 2014 and the decision of the first respondent which was taken on Sept 25, 2014, on the removal of Iszuree from all the standing committees of the second respondent, and the freezing of his allowance.
He also sought permission from the court to revoke the second respondent’s letter dated Sept 29, 2014 and the decision of the first respondent made on Sept 25, 2014, that he be removed from all standing committees of the second respondent, ad-hoc meetings, as well as the immediate freezing of his allowance.
Apart from that, if the applications were accepted by the court, Iszuree sought an injunction to suspend the decision of the first respondent communicated to him by letters from the second respondent dated Sept 26 and 29, 2014, until the substantive motion was heard.
He also sought for the first, second and third defendants to pay him damages as assessed by the court, and the cost of the ancillary applications to be borne and paid for by the three respondents under any circumstances. Iszuree was represented by counsel Mohd Haris Abdullah while RSN Rayer represented the state exco and the Penang state government, and Dominic Pillai appeared for MBPP.