Batang Kali rep urges speaker to rescind seat vacancy declaration

Former assemblyperson Harumaini Omar has urged Selangor Legislative Assembly speaker Ng Suee Lim to rescind a declaration that the Batang Kali state seat is vacant.

In a letter to Ng today, Harumaini - who won the seat in 2018 - said his absence from the state assembly, from July 28 last year to Jan 28 this year, does not disqualify him as a member of the assembly.

Harumaini argued that Article 69 of the Constitution of Selangor states that if a member of the State Legislative Assembly was absent for "every sitting" for over six months, only then can the seat be declared vacant by the speaker.

He argued that since Article 46 of the State Constitution defined "meeting" as "any sitting or sittings" of the Legislative Assembly until it is concluded, the dates used by the speaker cannot apply.

"I attended the first two meetings of the Selangor Legislative Assembly. I attended on July 27 (as well). I was at the 'same sitting' of the second meeting (July 25, 2022, until July 29, 2022).

"Therefore, the speaker had erred by starting the six-month expiry count on July 27, 2022," argued Harumaini.

Selangor Legislative Assembly speaker Ng Suee Lim

He argued that the speaker should only apply the six-month period on Nov 23, 2022 - the start of the third meeting of the state assembly that year.

"Therefore, the six-month period under Article 69 only begins on Nov 23, 2022, and will expire on May 22, 2023," he argued.

Harumaini also argued that a "casual vacancy" of a lawmaker's seat can only be determined by the Election Commission and not by the speaker, based on Section 12(3) of the Elections Act 1958.

In view of these legal arguments, Harumaini urged the speaker to rescind the declaration of the Batang Kali seat vacancy.

Yesterday, Ng said Harumaini did not seek a leave of absence as required under the law and that he had consulted the state legal adviser before making the declaration.

Ng said he was duty-bound to act by the law and a precedent set in 2011, which saw the Pelabuhan Kelang seat being vacated due to a similar offence. - Mkini