Quick thoughts on Penang Gov& #39;s move to vacate seats of defected ADUNs pursuant to Art 14A of Penang State Consti:

1. Penang Gov will face a legal hurdle in the freedom of association guaranteed under Art 10(1)(c) of the Federal Constitution https://twitter.com/esshimself/status/1265887445490388992">https://twitter.com/esshimsel...

2. Facts similar to 1992 Supreme Court case of DUN Kelantan v Nordin bin Salleh. Kelantan SLA passed a motion to vacate seats of 2 ADUNs due to defection.

Supreme Court held that Art XXXIA of Kelantan Consti is unconstitutional as it breached freedom of association under Art 10.

3. Penang Gov faces a 2nd legal hurdle. Art 10(2) states that only Parliament (not State Legislative Assembly) can restrict freedom of association under Art 10(1)(c).

Supreme Court in Nordin Salleh also took note of this:

4. All that being said, facing legal hurdles does not mean one& #39;s act is bound to be held as unconstitutional.

Nordin Salleh was decided 3 decades ago - perhaps it& #39;s time we revisited this decision.