KUALA LUMPUR: Datuk C. Sivarraajh was ordered to leave the Dewan Rakyat today to clarify whether there is a temporary stay on a court ruling that invalidated his electoral win in the Cameron Highlands parliamentary seat.
The clearly stunned Barisan Nasional (BN) lawmaker was given the marching orders by Speaker Datuk Mohamad Ariff Md Yusof to seek a lawyer’s opinion on whether there is a stay on the Election Court's ruling that declared his win in the 14th General Election (GE14) as invalid due to corruption.
Mohamad Ariff made the ruling when R.S.N Rayer (PH-DAP-Jelutong) raised the issue on Sivarraajh's right to enter the Dewan Rakyat following the court decision.
“Why is Cameron Highlands still at his seat? This honoured Dewan needs to consider that there is a court decision that vacated the Cameron Highlands seat won in the previous election due to corruption linked to Cameron Highlands (reference to Sivarraajh).
“The decision is still active and the Dewan has not been informed on this. So on what grounds is Cameron Highlands allowed to come in and sit at his seat (in the Dewan Rakyat),” Rayer said.
As consternation erupted from the opposition bench, a dumbfounded Sivarraajh stood up and said that the case is in the appeal stage.
At this stage, Mohamad Ariff asked Sivarraajh whether there is a separate court order that stayed the main decision pending appeal.
“In the court judgment, there is no proof that linked me to corruption. I have 14 days to appeal.
“I do not understand. Why is someone charged (with a criminal case) able to become a Finance Minister,” Sivarraajh sputtered, believed to be in reference to Lim Guan Eng who had a graft case hanging over him when he was appointed as cabinet minister.
On Sept 3, the Penang High Court granted Lim a discharge amounting to an acquittal.
Sivarraajh's defensive answer which did not confirm or deny the existence of any such stay order, triggered a shouting match between Pakatan Harapan (PH) MPs and those in the opposition bench.
“Jelutong does not understand proceedings,” Datuk Tajuddin Abdul Rahman (BN-Umno-Pasir Salak) shouted at Rayer.
Sivarraajh then replied that there is a stay order when he filed an appeal.
Not satisfied, Mohamad Ariff ordered him to leave the Dewan Rakyat to seek the advice of a lawyer.
“I advice Cameron Highlands to meet an expert lawyer to find out whether there is an automatic stay when an appeal is filed against the court's decision.
“If there is no stay, you are a stranger in the house.
“In the meantime, please leave the hall. Get the opinion of a lawyer and bring it (answer) to the Speaker’s Office.
“This is an important matter. We do not want this to become a precedent. (It needs to serve as an) example for the future,” Mohamad Ariff sternly told Sivarraajh, who then left the hall among renewed verbal sniping between lawmakers.
On Nov 30, the Election Court allowed a petition by DAP candidate for the seat M. Manogaran to nullify BN’s electoral victory at the seat due to existence of corruption.
