He said this was revealed to him by EC chairman Azhar Azizan Harun in a meeting in Kuala Lumpur today to discuss matters pertaining to voter registration.

“During the session, which was also attended by most of the registered political parties in Malaysia, I asked about the 13 new state seats which were passed by the state assembly in mid-2016.”

The former deputy state assembly speaker said he pointed out that new seats must be passed by Parliament within two years after being gazetted.

“In the case of Sabah’s new seats, it has been two years and two months. Is this not unconstitutional? And this was the question I asked the EC chairman,” said Mositun when contacted on the outcome of the meeting.

He said Azhar responded by saying that the matter was previously submitted to then prime minister Najib Razak but he did not table it in the Dewan Rakyat.

“Now, with the new government in place, the list has been resubmitted to the new PM for his attention.”

Mositun said he raised the question as it concerns the welfare of Sabahans.

A bill for the additional 13 seats (to the existing 60) was tabled and passed by the state assembly in August 2016. The amendment was later assented to by the Sabah governor and gazetted as law.

On April 23 this year, the High Court dismissed a bid by former chief minister Yong Teck Lee and six individuals for a court order to compel the prime minister to table the Election Commission’s report on the 13 new Sabah state assembly seats in Parliament.

The court held that they had no locus standi to do so and that the issue was academic as Parliament had been dissolved on April 7, paving the way for the 14th general election.

The judge, however, agreed with the group’s contention that the prime minister had no discretion in not tabling the EC report on the 13 additional seats as it was mandatory under Section 9 of the 13th Schedule of the Constitution.