Did Pontian council president exceed legal authority over flag display?

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Johor DAP Activist Alleges Pontian Council President Exceeded Authority in Flag Display Closure Orders

Johor DAP activist Dr Boo Cheng Hau has initiated a petition against the Pontian Municipal Council (MPPn) president, Abdul Azim Shamsuddin, asserting that the president’s directive to close two businesses for improperly displaying flags was beyond his legal jurisdiction. The petition, lodged with the Johor Public Service Commission (SPAJ), seeks a disciplinary investigation into Abdul Azim’s actions, which Dr Boo claims overstepped his mandate.
Allegations of Exceeding Mandate

Dr Boo contends that Abdul Azim acted outside his authority by ordering a 30-day closure for a mini-market and a dental clinic. These businesses were penalised for displaying the Johor and Malaysian flags upside down, an action purportedly based on MPPn by-laws. Dr Boo argues that the council president failed to correctly interpret the scope of authority granted under the Local Government Act 1976.
Jurisdiction Over Emblem Display

According to Dr Boo, the regulation of national and state emblem display falls under the purview of the National Emblems (Control of Display) Act 1949. This federal legislation mandates that such cases must be investigated by the police and prosecuted by public prosecutors. He stated that local government licensing powers are confined to matters of public nuisance, health, and hygiene, and do not encompass the display of national symbols.
Call for Disciplinary Action and Withdrawal of Orders

The petition urges the SPAJ to investigate Abdul Azim for negligence, ignorance of jurisdiction, and for potentially damaging the reputation of the Johor Civil Service. Dr Boo also called for the MPPn to retract the closure orders issued to the businesses, indicating a potential judicial review if the orders are not withdrawn.

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Did Pontian council president exceed legal authority over flag display?

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