Badrul sues Selangor Speaker, EC

Badrul arriving at the state assembly building this morning, January 24, 2011. — Picture by Jack Ooi

SHAH ALAM, Jan 24 — In a desperate bid to keep his Port Klang seat, Badrul Hisham Abdullah filed a suit at the High Court here today against Selangor Speaker Datuk Teng Chang Khim and the Election Commission (EC).

Lawyer Datuk Hafarizam Harun, who is acting for Badrul, told reporters an originating summons was to decare the state seat not vacant and that the Speaker was not the rightful authority to declare a vacancy.

“It’s same like the Perak case,” he said.

He said they were also naming the EC as the second defendant.

“Because we want to stop the EC from declaring the seat vacant,” Hafarizam replied when asked why the commission was named.

Teng had formally informed the EC about the vacancy of the state seat last week, declaring that the PKR-turned-Umno 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.

He added the Port Klang seat was vacant from January 16 when Badrul failed to attend state assembly proceedings for six months since July 15, 2010.

EC chairman Tan Sri Abdul Aziz Mohd Yusof said the commission will talk to legal advisers to decide if the Port Klang state seat is indeed vacant.

But Badrul maintains he is still lawfully the Port Klang assemblyman and had entered the state legislative assembly building this morning for the emergency sitting held to amend the state constitution to restore power to the Sultan.

Badrul told reporters he had received a “formal” invitation to attend, but was later stopped by guards from entering the state assembly, and sat in the media observation room instead.

“As far as I am concerned, I am still the rightful state assemblyman of Port Klang. As long as the EC has not said anything, I will still carry out my duties,” he said at a news conference today.

He also said that if he were allowed to participate in today’s emergency sitting, he would fully oppose the state government’s plans to amend the state constitution.

“If given a chance, I would oppose it fully. Never ever will I agree to vote for those amendments,” he said and left the state assembly building shortly after.

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