Warisan president Shafie Apdal said the state assembly should pull back on the seats because failure to do so might result in legal implications when the elections are over.
“I want their commitment on this matter. Don’t call for another election when Warisan wins the polls tomorrow because you say it is not in accordance with the law,” he told reporters after a media luncheon hosted by his party here today.
“The state government should repeal (the 13 seats) and the amendment to the state constitution should be carried out accordingly in the state legislative assembly.”
The amendment to Article 14 Clause (2) of the Sabah constitution was approved by the Sabah assembly on Aug 9, 2016.
In 2016, the state assembly had to pass a bill for the new seats before the Election Commission (EC) could carry out any redelineation of the existing electoral boundaries to provide for the additional constituencies.
The EC did its part and subsequently passed the redelineation report for Sabah to Prime Minister Najib Razak. But no action has been taken since in the Dewan Rakyat.
Shafie said the fact that the state assembly had passed the bill to increase the state seats previously means that the new state seats have, in effect, become legislation.
“Because the moment you dissolve, under the enactment, there will be 73 seats and not 60 seats.
“Under the Federal Constitution, the PM doesn’t have the power to repeal any amendments to enactments under the state assembly. They (the new seats) are already law,” he said.
He added that the Sabah chief minister also did not have the constitutional right to repeal the law.
State secretary Sukarti Wakiman said last week that the new state constituencies would be tabled after the EC completes its study on parliamentary boundaries in Sabah.
Meanwhile, the former Umno vice-president also responded to accusations that he did not love his country, having left the party and the ruling BN government.
“Does it spell out in the constitution that you must be with Umno or BN, and only then it means that you love your country?
“That’s not right. My wife comes from Kedah, my children are married to a Kelantanese and a Sarawakian. It doesn’t mean when I reject Umno, I don’t love Malaysia.
“You can be sure my heart is with Sabahans and for the country,” he said.
Sabah lawyers say nothing wrong going to polls with 60 state seats
Sabah election void if 13 new seats not gazetted, says Warisan