Only EC can declare Batang Kali seat vacant, says Harumaini

 

Harumaini Omar said he only missed one sitting last year in November, and that the six-month period of absence must be calculated from then, and not July.

PETALING JAYA: Harumaini Omar of Pejuang wants the Selangor state assembly Speaker to retract the declaration that the Batang Kali seat, for which he was the assemblyman, is vacant.

Harumaini said Ng Suee Lim had no right to declare the seat vacant as it was the prerogative of the Election Commission (EC), as stipulated in the Federal Constitution.

“I strongly believe that the power to determine a ‘casual vacancy’ for the Batang Kali seat lies with the EC. Hence, such a declaration cannot be made by the Speaker,” he said in a statement.

Harumaini also pointed out that Section 12(3) of the Elections Act 1958 stipulated that a seat in the state assembly can only be declared vacant by the EC.

He went on to say that he only missed one sitting last year in November, and the last sitting he attended was in July 2022.

“My absence was only for the third sitting, which started on Nov 23, 2022. Therefore the six-month period of absence should start from Nov 23, and expire on May 22, 2023 – as per the Laws of the Constitution of Selangor 1959.”

In a separate statement, Harumaini said he was giving Ng three days to respond before he considers taking legal action against him.

Yesterday, Ng announced that the Batang Kali seat had been declared vacant after Harumaini failed to attend the state assembly sitting for more than six months.

Ng said his decision to declare the seat vacant was made in accordance with the law, and that he respects Harumaini’s decision to take any legal action.

Ng added that a by-election was not necessary as Selangor is expected to hold a state election within the next six months. - FMT