Teng tells EC Port Klang vacant, insists on vote

Badrul is said to have been absent from state assembly sittings for over six months. — file pic

SHAH ALAM, Jan 21— Selangor Speaker Teng Chang Khim announced today that he has formally notified the Election Commission (EC) about the vacancy of the Port Klang state seat, declaring that Umno’s Badrul Hisham Abdullah was no longer an assemblyman.

Teng stressed that the Selangor constitution stipulates that the power to declare a casual vacancy in a seat lay with the state’s Speaker and not the EC.

As such, he said the EC was now compelled to call for a by-election — the nation’s 16th to date — within 60 days from today.

Its failure to do so, he said, would be tantamount to committing contempt of the House and of the Selangor Constitution.

“I have sent the notification together with the declaration on the vacancy of Pelabuhan Klang seat in Selangor Legislative Assembly, formerly occupied by Yang Bhg Encik Badrul Hisham Abdullah to the EC today and the office of the EC in Shah Alam has duly acknowledged the same,” he told a press conference at his office here this afternoon.

Badrul, he insisted, had failed to attend state assembly proceedings for six months since July 5, 2010, and therefore, his seat has been vacant as of January 16 this year.

Teng also accused Badrul of telling a “blatant lie” when the latter claimed to have been present at the opening ceremony of the assembly sitting on November 8 last year, pointing out that no such ceremony had been held on that date.

“There was no opening ceremony of the assembly on November 8. The only opening ceremony of the third session of the 12th legislative assembly was held on April 12 which was officiated by the Sultan of Selangor.

“The sitting in November was the annual budget session where no opening ceremony was held,” he said.

Teng added that details in the assembly’s Hansard clearly proved that the PKR-turned-Umno representative had been absent for the entire session from November 8 to 15 last year.

Additionally, he pointed out that Badrul had himself admitted to his absence via a letter to the Speaker’s office on December 10.

Teng later distributed copies of the assembly’s attendance list and Badrul’s letter to reporters to prove his claims.

In his letter, Badrul formally apologised for his absence from the House on November 8, 9, 10, 11, 12, 15 and 16 last year and explained that he had been away to seek traditional medical treatment in Pahang.

“Obviously, Badrul has told a blatant lie to defend his fatal mistake. In fact, I do not have to rebut him in this manner.

“However, to protect the integrity of the Speaker’s office and to disperse the public confusion on the matter, I have no other option but to reveal the relevant documents,” he said.

Teng claimed that Badrul had also misled the prime minister with his “lie” and expressed disappointment that Datuk Seri Najib Razak had chosen to believe the “errant assemblyman” instead of the state’s Speaker.

Teng, a lawyer by profession, then chastised Dewan Rakyat Deputy Speaker Datuk Wan Junaidi Tuanku Jaafar for his “level of ignorance” when the latter reportedly said that it was for the assembly to collectively decide the vacancy of a seat and not the Speaker.

“Wan Junaidi may be correct if the situation occurred in the Dewan Rakyat for Article 52(1) of the Federal Constitution expressly provides that if a member of either House of Parliament is without the leave of the House absent from every sitting of the House for a period of six months, the House may declare his seat vacant,” he said.

Unlike the Federal Constitution, however, Teng said the Selangor Constitution stipulates that the power to declare such a vacancy lay solely in the hands of the Speaker.

Article 69 of the Selangor Constitution states that “if a member of the Legislative Assembly is without the leave of the Speaker absent from every sitting thereof for a period of six months, his seat shall be declared vacant by the Speaker.”

“It does not need a lawyer to understand the difference between the two clauses and the difference between the House and the Speaker.

“Perhaps Wan Junaidi may have to go back to law school or English school to do a revision course if he fails to understand the difference,” he said.

Considering the points of law, said Teng, the EC’s duty was to conduct a by-election in Pelabuhan Klang within 60 days from today.

“It is not the business of the EC to decide on behalf of the Speaker or to dispute the declaration made by the Speaker. Please read the law conscientiously,” he said.

Teng also brushed aside a statement from Selangor Umno that Badrul would soon challenge the vacancy in court and seek a declaration that his seat was not yet vacant.

“So be it. It is up to him. I have done my job. Whether it can be challenged or not, the court will interpret it. I cannot make a decision for the court,” he said.

Teng denied that his decision had been politically motivated, despite Badrul’s accusation that it was PKR’s act of revenge to punish him for defecting in 2009.

“The decision was made by the Speaker of the House, not by Pakatan Rakyat. It was made by the Speaker in accordance with the Selangor Constitution... not at a PR meeting,” he said.

He added with the vacancy, Selangor’s emergency legislative assembly sitting on Monday should only see the attendance of 55 state assemblymen.

“But this will not affect the two-thirds majority [needed] to pass the constitutional amendment because the majority is based on the total number of seats, which is 56,” he said.

The Selangor PR government is seeking to amend the constitution to resolve the ongoing impasse over the appointment of its new state secretary.

A constitutional amendment requires a two-third majority vote which is 38 seats of the 56-member assembly. PR now occupies 35 seats in the House.

Teng acknowledged that Badrul had insisted on attending Monday’s sitting, in defiance of his order that the seat was now vacant, but insisted that he would not be permitted to do so.

“As far as I am concerned, a declaration of vacancy has been made. Badrul is no more a Yang Berhormat and is now only a yang bahagia.

“Only YBs are allowed to enter the chamber of the House,” he said. - Malaysian Insider