Not up to speaker to declare Batang Kali seat vacant - ex-EC official

 

A former Election Commission (EC) official has argued it was not up to Selangor state assembly speaker Ng Suee Lim to declare the Batang Kali seat vacant.

Online portal Free Malaysia Today quoted EC former deputy chairperson Wan Ahmad Wan Omar saying the declaration should have been made by the EC following verification of Ng’s notice of vacancy after Pejuang’s Harumaini Omar failed to attend state assembly sittings for more than six months since July 28 last year.

“The speaker was doing the right thing to notify the EC about the presumed vacancy, but it’s not the speaker’s (role) to declare the seat vacant.

“It is the EC’s (role), after getting all the facts of the case,” said Wan Ahmad (above).

“Anything to do with a declaration of a seat vacancy, the power is with the EC. It is the EC’s responsibility, nobody else’s.

“Only the EC can officially declare a seat vacant and subsequently determine the date of vacancy as well as dates to hold a by-election to fill the vacancy,” he reportedly said.

Selangor state legislative assembly speaker Ng Suee Lim

Unlike Harumaini’s case, Wan Ahmad said it would be a different matter if a seat is vacant due to an elected representative’s death, his loss of eligibility under the law, being declared bankrupt, or being convicted of a criminal offence which carries a fine of more than RM2,000, or a year’s imprisonment.

He said that the facts of Harumaini’s case must be “interpreted correctly” in the context of the law and state constitution, with assistance from the state’s legal adviser.

Separately, Malay-daily Berita Harian quoted Ng as dismissing Wan Ahmad's arguments - calling it "his own interpretation" of the situation.

"That is his own interpretation but I'm carrying out my duty as a speaker based on Article 69 of the Selangor state constitution.

"He (Wan Ahmad) must read the article which clearly states if it was found that any assemblyperson failed to be present for six consecutive months, the speaker has the power to declare the seat vacant," Ng reportedly said.

Ng reiterated that he would be writing to the EC next week about the seat vacancy.

Harumaini has since urged the speaker to rescind the declaration of the vacancy.

In a letter to Ng, Harumaini - who won the Batang Kali 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 Omar

Contrary to Ng’s declaration, Harumaini pointed out that Article 69 of the state constitution reads if a member of the 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 Ng erred in determining his six-month absent period as starting from July 27, 2022 as he attended the legislative assembly sitting on that day. - Mkini