by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjong, Lim Kit Siang, in Penang on Wednesday, July 28, 1993:
Penang DAP warns that it would challenge the legality of the two-year ban on Penang State Assembly by-elections in the courts if this ban is not made as a result of Penang State Assembly amendment to the Penang State Constitution
Penang DAP warns that, it would go to court to challenge the legality of the two-year ban on Penang State Assembly by-elections before the end of the five-year term if this ban is not made as a result of the Penang State Assembly amendment to the Penang State Constitution.
Last week, Dewan Rakyat amended the Federal Constitution to ban the holding of Parliamentary by-elections in the last two years of the completion of the full five-year term of Parliament.
Dewan Rakyat also amended the Eighth Schedule of the Federal Constitution to impose a similar two-year ban for all State Assembly by-elections.
I had declared in my speech in the Dewan Rakyat that such a on State’ Assembly by-elections is unconstitutional, as it is not made through State Constitution amendments by the respective State Assemblies .
This is why Penang DAP had called on the Penang Chief Minister, Dr.Koh Tsu Koon, to summon an emergency meeting of the1 Penang State Assembly to submit the Barisan Nasional proposal to the Assembly.
If Tsu Koon does not want to convene an emergency meeting of the State Assembly to propose such an amendment to the Penang State Constitution, then he must be prepared to face a legal challenge in the courts if there is any attempt to imp lenient, the two-year ban on by-elections should any Penang State Assembly vacancy should arise,, whether because of -death or resignation, after October this year.