KUALA LUMPUR – Former Batang Kali state assemblyman Harumaini Omar is contesting Selangor Speaker Ng Suee Lim’s decision to declare the state seat vacant effective January 28.
In a letter to Ng dated today, Harumaini of Pejuang said that the speaker has three days to respond to his application to withdraw the vacancy of his seat, claiming that the call was made “mistakenly” and without proper consideration.
He also asserted that based on Laws of the Constitution of Selangor 1959, Ng had erred in terms of facts when the speaker began counting his six-month absence from July 27 last year.
“I was present for the first and second meeting of the fifth term of the Selangor Legislative Assembly 2022. Although I was there on July 27 (for the second meeting), my attendance is counted as part of the same sitting.
“Based on the law, my absence without permission only began on the third meeting which started on November 23.
“As such, any calculation for a period of six months should only have begun on November 23 and will expire on May 22 this year,” Harumaini said in appealing for the decision to be revoked and him be allowed to attend the next sitting on March 13 as an assemblyman.
Meanwhile, Harumaini also expressed his conviction that the power to determine and confirm whether a “casual vacancy” of the state seat has happened lies with the Election Commision (EC), not the speaker.
This, he said, is based on Section 12(3) of the Elections Act 1958 which states that regarding a vacancy which is to be filled at a by-election, a writ shall be issued not earlier than four days and not later than ten days from the date on which it is established by the EC that there is a vacancy.
“As of today, I have not received any official notice in written form from (Ng) regarding the decision (which was) made without any reviews from my side.
“Since the state assembly will be dissolved soon (for state polls), I do not see any form of prejudice if I am allowed to continue serving as the Batang Kali assemblyman for this final term,” he said.
Besides that, Pejuang information chief Rafique Rashid urged the speaker to immediately respond to the issue to “avoid making the matter into mere political play.”
“The people are the biggest stakeholders in democracy, and they will be disadvantaged the most if certain parties continue to play politics.
“Allow (Harumaini) to continue serving the people as well as carrying out his social and welfare responsibilities,” he said in a Facebook post today.
In the 14th general election, Harumaini won the state seat under the Bersatu ticket with a majority of 8,315 votes. – The Vibes, February 17, 2023
