He also said that the power to declare the seat vacant was his and not the Election Commission’s (EC).
Umno’s Badrul Hisham Abdullah — who insists he is still legally Port Klang’s elected representative — had named Teng as the first defendant and the EC as the second in his January 25 filing at the Shah Alam High Court in a bid to keep the seat.
“I am protected by the immunity conferred by Article 72 of the Federal Constitution from any legal action by the plaintiff,” Teng said in his affidavit-in-reply to Badrul filed today.
Article 77 of the Selangor Constitution, entitled “Powers and Privileges of the Legislative Assembly”, also granted him immunity from being sued as Speaker, he added.
The first-term Speaker had declared Badrul was no longer a member of the state assembly on January 19, having been absent from its proceedings for six months dating from July 16 last year.
Teng pointed out that both federal and state laws supported the doctrine of the separation of powers between the state legislative assembly and the courts.
Because of that, his decision as Speaker could not be challenged in court, Teng said.
“Accordingly, I am not submitting to the jurisdiction of this honourable court,” he said, adding that Badrul’s suit had no legal basis and was an abuse of the due process of law and asked the High Court to dismiss it.
A copy of the court papers was provided to The Malaysian Insider today by Teng's lawyers. Among his lawyers are senior counsel Tommy Thomas.
• Session 1
Meeting 1: April 22, 2008 (swearing-in ceremony)
Meeting 2: May 21-26, 2008
Meeting 3: October 20-24; 28 and 29, 2008
• Session 2
Meeting 1: March 11-13; 16 and 17, 2009
Meeting 2: July 8-10; 13-15, 2009
Meeting 3: November 9-13; 16 and 17, 2009
• Session 3
Meeting 1: April 12-14, 2010
Meeting 2: July 12-15, 2010
Meeting 3: November 8-12 and 15, 2010
Teng affirmed that Badrul had failed to turn up for sittings on July 13 and 14, at the second meeting of the third session, but had produced a medical certificate and the assembly’s clerk had recorded it accordingly.
“His last attendance was recorded for the sitting on 15th July 2010, which was the 4th sitting of the 2nd meeting of the 3rd session,” the Speaker said.
He pointed out that Badrul had failed to attend any of the six sittings in November last year, which was to discuss the state budget.
“I did not at any time receive any letter or written notification regarding Badrul’s absence for the 3rd meeting,” he said, and supplied a copy of the attendance list to back his statement.
Teng said he only received word from Badrul through a letter dated November 2010, three weeks after the Budget meeting was over.
“The exact date was not stated in the letter... giving the reason for his absence from the said meeting.
“According to him, he was away for a ‘traditional medical treatment in Pahang’,” Teng said, reiterating what he had told reporters previously.
In his affidavit, Teng related that he had replied to Badrul in a letter dated December 21, rejecting Badrul’s flimsy reason for being absent.
Teng said he formally informed the EC about the vacancy three days later and called for a by-election to be fixed.
Citing Article 69 of the Selangor constitution, Teng said the power to declare a casual vacancy in the Port Klang seat lay with the Speaker and not the EC.
Because of that and supported by Article 70(5) of the state constitution, the EC had no choice but to call for a by-election within 60 days of his decision, Teng added.
The Shah Alam High Court has fixed next Thursday to hear Badrul’s suit.- Malaysian Insider
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