SHAH ALAM: Selangor Pejuang chief Harumaini Omar (pic) has been left in shock after his seat was declared vacant with him being expelled as a state assemblyman.
He denied that he had been absent from the assembly sittings for six months, which would automatically trigger his expulsion.
“Last year, I attended the sitting in July and the session ended in early August. The next session was in November, so do the six months also include the months that the assembly was not in session?” asked Harumaini.
He claimed he had not attended the sessions because he was unwell.
An upset Harumaini said he was speaking to lawyer friends to see if he could seek legal redress.
“I am unsure of my next move, but I wish there was some consideration accorded as the state elections are just a few months away,” he said.
Earlier in the morning, Speaker Ng Suee Lim had announced Harumaini’s ejection, saying he had not attended assembly sittings since July 28 last year.
“During that period, there was no letter or notification stating he could not attend the sittings,” said Ng.
He said assemblymen could be absent for valid reasons, but it must be done with notification.
“Harumaini should have informed the Selangor Legislative Assembly secretary that he would be unable to attend,’’ said Ng.
According to the Speaker, the expulsion was done in accordance with the provisions of the Selangor State Constitution.
“We received feedback from the chambers of the state legal officer before making the decision,” said Ng, adding that there were no provisions for Harumaini to appeal against his expulsion.
A notice will also be sent to the Election Commission soon declaring the Batang Kali seat vacant.
There is a precedent for such expulsion in the Selangor legislative assembly.
In 2011, then Port Klang assemblyman Badrul Hisham Abdullah was expelled by speaker Datuk Teng Chang Khim.
Teng declared the Port Klang seat vacant on Jan 25, 2011, after Badrul Hisham had not attended sittings for six months.
The ousted assemblyman sought legal redress, and both the High Court and Appeals Court held that he was still the Port Klang assemblyman.
However, the Federal Court ruled that Teng’s action of expelling Badrul Hisham was legal and could not be challenged in court.
The then Chief Justice Tan Sri Md Raus Sharif, who had chaired a five-man panel, had said Parliament and State Legislative Assemblies were immune from judicial interference and the courts had no power to interfere with their internal management.
A by-election will not be called as the state election is only about three to four months away.
According to Ng, there is no need to hold a by-election if a seat falls vacant two years after a new five-year term begins.
“Unless the Speaker writes to the Election Commission after the first two years stating that a by-election is needed because of an imbalance in the state legislative assembly due to a vacancy, there isn’t a need to fill the seat,” he said.
