Badrul gets temporary injunction on Port Klang seat

By Asrul Hadi Abdullah Sani

February 07, 2011

Badrul (centre) wants a declaration that he is still the assemblyman for Port Klang. — file pic

SHAH ALAM, Feb 7 — Badrul Hisham Abdullah obtained an ad-interim injunction from the High Court here today barring the Election Commission (EC) from deciding on the possible vacancy of the Port Klang state seat.

Badrul’s counsel, Datuk Hafarizam Harun, said the temporary order is valid until the same court hears his suit against Selangor speaker Datuk Teng Chang Khim on February 17.

Hafarizam said he had argued that an injunction could be brought against the EC as it was not part of the government.

“The EC is not governed under the section 29 of the Government Proceedings Act (1956) which states that no permanent injunction can be granted against the government,” he told reporters after meeting Judge Datuk Zaleha Yusof in her chambers for nearly two hours.

Teng had on January 16 declared the Port Klang seat vacant by reason of Badrul’s consecutive absence of over six months from state assembly proceedings without valid reason.

In his initial suit, Badrul had filed for a declaration he is still the Port Klang assemblyman and named Teng and the EC as defendants.

Badrul said he had written to tell Teng that he was suffering from long-term health problems and could not attend the third term of the third sitting of the Selangor state legislative assembly meeting between November 8 to 16, 2010, which the latter had acknowledged on December 10 last year.

The PKR-turned-Umno politician noted that Teng had rejected his reason in a written reply dated December 21 and unilaterally decided the former’s absence was without approval and summarily declared the seat was vacant.

Teng, who was named the first defendant, had formally informed the EC about the vacancy of the state seat last month, declaring that the lawmaker was no longer an assemblyman.

The first-term Speaker had said the Selangor constitution stipulates that the power to declare a casual vacancy in a seat lay with the Speaker and not the EC.

In his suit, Badrul asked the court to:

* Declare he is still the state assemblyman for the Port Klang constituency and has the right to attend all proceedings in the Selangor state legislative assembly and carry out his related duties;

* And/or alternatively, declare there is no vacancy in the Port Klang state constituency;

* And/or alternatively, declare the decision of the first defendant [Teng], who declared the Port Klang state seat, as ultra vires according to Article LXIX [69] of the Selangor state constitution 1959 and/or void and illegal.

The EC was represented by senior federal counsel Datuk Kamaluddin Md Said. - Malaysian Insider