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Penang Opposition Leader Datuk Azhar Ibrahim failed to quash the order by the Seberang Perai Utara district officer asking him to vacate the Penaga community centre by Nov 19 last year.

High Court (Appellate and Special Powers) judge Justice Rohana Yusuf held that Azhar, who is Penaga assemblyman, had no legal right to challenge the order.

The judge did not make any order as to costs.

Justice Rohana, however, granted an interim stay to Azhar which allowed him not to return the keys of the centre to Penang government and the district officer named as respondents in the judicial review application.

The judge made the ruling after meeting the parties in chambers Tuesday.

Counsel Jenine Gill acted for the respondents while counsel Jahaberdeen Mohamed Yunoos represented Azhar.

She said Jahaberdeen had notify the court that he would file a formal stay application by next week.

"There is no need for Azhar to vacate the centre now following the court has granted him an interim stay against the court ruling," she added.

The 65-year-old Barisan Nasional representative sought a declaration that the officer's order was invalid and not enforceable.

He applied to quash the order on grounds that it was mala fide and based on a political agenda.

In court papers, Azhar said that he had been Penaga assemblyman since 1990.

He said further that there was an agreement between the Penang State Government and the Federal Government in 2005 to set up a community centre known as Pusat Komuniti Kadun Penaga.

In his affidavit, affirmed on Dec 13 last year, he said the centre was built on land belonging to the Penang Government while the Federal Government allocated RM245,000.

He said both parties agreed that the centre would be handled by the elected Penaga assemblyman without considering his political background.

In his suit, Azhar said the centre started operations in 2006 and various parties such as a village development and security committee, a youth movement and a religious activity centre had been using it.

He said he received a letter on Nov 8 last year from the district officer directing him to hand over the centre's keys on grounds it was located on state land.

Azhar said he had sent a letter dated Nov 16 last year to the officer to review the order but did not receive any response - The Star

Datuk Azhar Ibrahim is an old boy of STAR (I'm not certain from which batch)