SIBU: The High Court here yesterday afternoon quashed by way of certiorari the Meradong and Julau District Council’s resolution passed to forbid Meradong assemblyman Ting Tze Fui, as the representative of opposition, from attending its full council meeting.
Justice Datuk Yew Jen Kie ruled that in view of the certiorari, an order of mandamus to compel the Meradong and Julau District Council to let the applicant attend the council meeting without hindrance was meaningless.
This is because in any event, she said, with the resolution on the Feb 24 quashed, the applicant would now be at full liberty to attend the full council meeting.
Ting was also awarded RM12,000 considering that a certain amount of work has been done including research and a bundle of legal authority comprising 336 pages have already been compiled.
Yew also made it clear that the respondent has to be good custodian of public fund and should not cause it to be brought to the Court.
“The respondent should be apolitical, accountable and transparent in its administration and this is the spirit of the provision in Section 21(6) of the Local Authority Ordinance 1995.
“Any decision made by the council should be rational and should not be tempted by bias or extremism factors,” she
added.
She also said there was no authority to waive cost because the applicant as a member of the public and also an elected people’s representative has been adversely affected by the decision of the council, which compelled her to bring the application for judicial review.
The court awarded her RM12,000 together with interest at five per cent per annum from yesterday, and on top of that the council would have to pay allocator’s fees which shall be calculated at four per cent of the total amount thereof.
In addition, Yew also ordered the council to pay RM180 filing fees.
Ting filed in the application on June 22 in relation to the resolution of the respondent passed during the full council meeting held on Feb 24 forbidding her as the representative of the opposition from attending the full council meeting.
She was represented by Wong Ho Leng whereas the council by George Lim.