The four assemblymen are also seeking to stop the state assembly from declaring their seats vacant.

They are Zulkifli Ibrahim (Sungai Acheh), Afif Bahardin (Seberang Jaya), Khaliq Mehtab Mohd Ishaq (Bertam) and Zolkifly Md Lazim (Telok Bahang).

The state government has said it intends to table a motion in the state assembly to declare the seats vacant. The assembly will meet in October.

Chief minister Chow Kon Yeow said that as the case had been referred to the High Court in Penang, the court’s decision would be part of the process of declaring the seats vacant.

He contended that the provision in the state constitution is valid, based on a recent unanimous decision of the Federal Court.

“Therefore, we request the court to set a trial date soon. We also want to know the court’s decision regarding this issue after the Federal Court’s ruling,” he said.

Any special sitting (of the state assembly to declare the seats vacant) would have to wait for the court decision, he told reporters in response to a call by DAP chairman Lim Guan Eng for a special sitting of the Penang state assembly.

Lim said the meeting should be to amend the state constitution to be in line with federal law after an anti-hopping amendment to the Federal Constitution has received royal assent and becomes law.

The amendment calls for a seat to be vacated if an elected representative joins a party, changes parties or is expelled or resigns after being elected.

Zulkifli and Afif were with PKR when they were elected, but later joined Bersatu while Khaliq joined Bersatu from PAS.

The three assembly members and Zolkifly (who is with Bersatu) had declared the withdrawal of support for the state government run by Pakatan Harapan, and had declared support for Perikatan Nasional.