Published: Monday November 9, 2009 MYT 12:30:00 PM
Updated: Monday November 9, 2009 MYT 8:21:33 PM

BN reps sue Selangor govt, Speaker (Update)

By WANI MUTHIAH

SHAH ALAM: Three Barisan Nasional assemblymen filed a suit against the Selangor state government, the State Legislative Assembly Speaker and Secretary and the Select Committee on Competence, Accountability and Transparency (Selcat) at the civil High Court registry here Monday.

Datuk Raja Ideris Raja Ahmad (Sg Air Tawar), Hasiman Sidom (Morib) and Wong Koon Mun (Kuala Kubu Baharu) are seeking a declaration that the Selcat and all its proceedings be declared null and void.

The individuals named in the originating summons as defendants were Teng Chang Khim in his capacity as Selangor State Speaker, and chairman of both Selcat and the assemblys Privileges Committee and Selcat members Haniza Mohamed Talha, Mohamed Azmin Ali, Saari Sungib, Edward Lee Poh Lin, Sulaiman Abdul Razak and Ismail Sani.

Both Sulaiman and Ismail are Barisan assemblymen.

The three assemblymen are seeking a court declaration that Selcat’s composition did not reflect the balance between the political parties in the state legislative assembly as required by the assembly’s Order 72(1) of the Standing Orders.

They also want the court to declare that Selcat had broken Order 75 of the Standing Orders of the State Legislative assembly and the Selangor constitution by allowing its hearing to be made public.

The trio also wants Selcat proceedings to be declared null and void as the first defendant Teng is the Speaker of the Assembly as well as chairman of the Privileges Committee and Selcat.

This, they argued, was contrary to the rules of natural justice.

They also want a declaration that the proceedings and functions of Selcat had impeded upon matters reserved by the Standings Orders of the State Legislative Assembly and the state constitution, for the Public Accounts Committee.

Therefore, Selcat has acted in excess of its jurisdiction, they said.

Given that Selcat had acted beyond its scope, its proceedings must be declared null and void and against Order 73(4) of the Standing Orders, argued the three.

They also want a declaration that the State Assembly does not have the jurisdiction to pass and enact criminal offences in the nature of the Contempt of Assembly Enactment 2009 and therefore whatever has been passed is ultra vires (in violation) of the Selangor State Constitution as well as the Federal Constitution.

The three assemblymen were also seeking costs deemed appropriate by the court.

In their affidavit of support, the three say Selcats composition weighed unfairly in favour of the ruling Pakatan Rakyat coalition.

They also added Teng’s three posts, besides reflecting a conflict of interest had also made him the investigator, prosecutor and judge.

They said he had also been the appellate judge in the case involving former mentri besar Datuk Seri Dr Mohd Khir Toyo.

Selcat had suspended Dr Mohd Khir from the state legislative assembly without privileges for one year on July 15 for refusing to attend its hearing to investigate the irregular disbursement of funds by Balkis (Wives of Selangor State Assemblymen and MPs Charity and Welfare Organisation).

Four other assemblymen Isa Abdul Kassim (Batang Kali), Marsum Paing (Dengkil), Warno Dogol (Sabak) and Mohamad Idris Abu Bakar (Hulu Bernam) - were also suspended six months each for criticising Selcat in the media.

The three assemblymen were represented by Datuk V. Sithambaram, Balvinder Singh and Kamarul Hisham.