The embattled speaker personally filed the suit at the High Court here this afternoon.
Sivakumar wants the court to order the EC to cancel its earlier decision and to immediately hold by-elections in Behrang, Changkat Jering and Jelapang.
He is also suing the three elected representatives for the seats, Jamaluddin Mohd Radzi (PKR-Behrang), Mohd Osman Mohd Jailu (PKR-Changkat Jering) and Hee Yit Foong (DAP-Jelapang), whom he maintains are no longer the lawful assemblypersons.
He wants the high court to bar the three state lawmakers from acting out the official duties, function and tasks required of a member of the state assembly; to order them to prove they are still lawful assemblypersons; and a declaration their state seats are vacant.
Speaking to reporters in the courthouse lobby after filing his suit, Sivakumar said he had received and accepted the three state lawmakers’ resignation letters early last month.
He added he had written to inform the EC of the vacancies, which would normally pave the way for fresh elections, which must be held within 60 days of the seat being unoccupied.
“But I got a letter from the EC saying my decision is being doubted,” said the speaker.
“This clearly shows there is an overlap of power,” he added, explaining it breached the doctrine of separation of powers among the three arms of government.
Sivakumar said he was “disappointed” with the EC’s decision.
Sivakumar, who is facing several lawsuits of his own at the Ipoh High Court, told The Malaysian Insider the reason he filed the suit at the high court here and withdrew the earlier one in Ipoh is because “we want to find justice here”.
Asked if he saw the high court here as more independent, he smiled and said: “I hope it can be.”
Sivakumar arrived at the Jalan Duta court complex about 3.20pm and was immediately escorted by Perak DAP chief Datuk Ngeh Koo Ham and party state secretary Nga Kor Ming to the mezzanine level to file his suit for a judicial review at the Appellate and Special Powers division of the High Court.