By By Bernadette H. Carreon
Horizon news staff

Sens. Yukiwo Dengokl, Santy Asanuma and Surangel Whipps Sr. asked the court to nullify Sen. Joshua Koshiba’s installation as Senate President.
In Civil Action No. 07-14 filed yesterday, the plaintiffs are seeking declaratory judgment, injunctive relief and monetary damages against defendants Koshiba, Mlib Tmetuchl and Alan Seid.
In the eight-page civil action, the plaintiffs questioned Koshiba’s election as the Senate President said that his installation was unconstitutional.
The plaintiffs argued that under the provision of Article IX, Section 13 of the Palau Constitution, "a presiding officer of the Senate is elected when a majority of the members elected him or her."
It stated that with the current composition of the Senate at nine members , a majority of five senators is required to vote for a member for that member to be elected to the positon of president or presiding officer of the Senate.
The voting on Tuesday was 4 -3 in favor of Koshiba.
The plaintiffs are seeking injunctive relief from the court prohibiting Sen. Koshiba from exercising the powers of the office of the President of the Senate and from holding himself out to the public as the president pending final resolution of the case.
The plaintiffs are also asking the court to declare Article IX, Section 13 of the Palau Constitution requires at least majority vote of five.
The plaintiff also asked the court to declare and adjudged Senate Resolution No. 7-111 to seat Koshiba as president of the Senate " has no legal force and effect as it failed to meet the requirements of Article IX, Section 13 of the Constitution of Palau."
The plaintiff also sought for a ruling that Koshiba and the senators who are in cooperation with him for spending public funds during his reign be held personally liable to reimburse any funds spent to the national treasury.
In a statement from Sen. Asanuma said that Sens. Koshiba, Tmetuchl, Seid and Alfonso Diaz "have basically hijacked the Senate in blatant disregard of the Constitutional mandate of Article 9 Sec. 13."
He said that the law stated that the required votes should be five senators.
"We are filing in the court for declaratory summary judgment to clarify the meaning of the majority members of each house. It is our contention that Senator Koshiba did not receive the five majority required votes to preside the Senate; therefore, he was not properly installed," Asanuma said.