'Speaker made a mistake, I attended the meeting', says Harumaini
SHAH ALAM - Selangor State Assembly Speaker Ng Suee Lim has been urged to retract his decision to declare the Batang Kali state seat vacant.
Evicted Batang Kali Assemblyman Harumaini Omar said this was following an error in the decision based on Article LXIX of the 1959 Selangor Constitution.
He said Ng must withdraw the declaration immediately and allow him to attend as an assemblyman for the First Meeting of the Sixth Term of the Selangor State Assembly scheduled on March 13.
"The Speaker has made a mistake in terms of fact or law in calculating the six-month period that commenced on July 27, 2022, which is the date of the meeting at which I was present.
"I hereby confirm I have been present as an assemblyman for the first and second meetings.
Harumaini said that he had only missed one sitting last year, in Nov, and the last sitting he attended was in July 2022.
"My absence was only for the third sitting, which started on Nov 23, 2022.
Separately, he also requested a written response from Ng before he considered taking legal action against him.
Only the Election Commission (EC) has the right to declare the seat vacant, as stipulated in the Federal Constitution.
"In fact, based on several court decisions previously, it is clear that only the EC has the power to confirm the vacancy, not the Speaker.
"This takes into account the provision stipulated in Section 12(3) of the Elections Act 1958, which states a vacancy must be filled in a by-election.
"A writ must be issued no earlier than four days and no later than ten days from the date the vacancy is confirmed to be in effect by the EC," he said.
Ng on Thursday when met by reporters at the Selangor State Assembly, had announced the vacancy of the Batang Kali state seat.
The decision was made after the Batang Kali assemblyman failed to attend the Selangor State Assembly meeting for six months without notice, he added.
He said the official statement and attendance book show the assemblyman was absent without permission of the Speaker for State Assembly meetings from Nov 23 to 30, Dec 1 to 2, and Dec 5 to 6, 2022.
