PUTRAJAYA: The Court of Appeal has upheld a Kuala Lumpur High Court decision which dismissed a judicial review application to declare the appointments of two ministers and three deputy ministers in cabinet posts after the 13th General Election as unconstitutional.
In a unanimous decision, a three-man panel headed by Justice Datuk Linton Albert agreed that no cost would be imposed on the appellant, Ipoh Barat MP M Kulasegaran.
The panel comprising two other judges, Datuk Rohana Yusuf and Vernon Ong Lam Kiat, did not give grounds for the dismissal.
Kulasegaran told reporters that he would appeal.
All the respondents were represented by senior federal counsels Amarjit Singh and Suzana Atan.
On June 19 last year, Kulasegaran had applied for an order that ministers Datuk Seri Abdul Wahid Omar, Datuk Paul Low Seng Kuan and deputy ministers, P Waythamoorthy, Datuk Dr J Loga Bala Mohan and Datuk Ahmad Bashah Md Hanipah were not entitled to hold the positions under Article 43 of the Federal Constitution.
For the record, Waythamoorthy has resigned as deputy minister.
In his application, Kulasegaran, who is also DAP vice-chairman, claimed that the appointments on May 15, 2013 were unconstitutional and should be declared null and void. — Bernama