Was the case decided according to law?

Sedapnya tidur! Aiyah.....no need submissionslah..... I rule in favour of the guy that looks like an Indian but is not!

Sometimes I really wonder as to the competency of our judges. I have appeared before some of them and at many times I had left the courthouse wondering just how on earth did that he/she become a judge in the first place! Of course i have to be fair and say that not all all the judges have left me wondering such. There have been many occasions too when I have been very impressed by the wit and sharpness of certain judges.

I guess in every profession there is the odd black sheep that one has to contend with. Anyway the reason why I am making this post is to record my surprise and utter shock at reading how the Federal Court had decided that it has the jurisdiction to enquire as to whether the exercise of the Speaker DUN Perak was lawful or not! To my surprise the FC actually decided that it was for the Elections Commission to decide if whether there was a casual vacancy or not. I must confess that I had not read the entire judgement to be fair to the said judges of the FC, so I am making this post merely by reading newspaper reports.

Whatever it is, isn't it a provision of the Perak Constitution namely in Article XXXIII. (1) If any question arises whether a member of the Legislative Assembly has become disqualified for membership, the decision of the Assembly shall be taken and shall be final. Question : Did the Assembly sit and decide on this matter ?

In addition isn't it a provision in the Federal Constitution namely in Article 72, Clause (1) of the Federal Constitution that clearly states:
72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

Now if that was the position in law, then the question that arises is whether the provisions of the law had been duly adhered to by the FC in deciding the case?

Hmmmmm.....

M V Nathan