SHAH ALAM: A casual vacancy has not been established for the Selat Klang state seat in Selangor held by Bersatu’s Datuk Abdul Rashid Asari, says state assembly Speaker Lau Weng San.
He said there was insufficient evidence to confirm a casual vacancy.
Lau said the notice – dated June 20 and received by the Speaker’s office the following day – brought by Selangor Opposition Leader Datuk Seri Azmin Ali did not meet the burden of proof required to demonstrate otherwise.
“The dismissal of the Honourable Member for Selat Klang from Bersatu is found to be a constructive expulsion under the operation of Article 65A (2)(c) of the Selangor constitution.
“The notice and evidence from the Honourable Member for Hulu Kelang (Azmin) do not meet the burden of proof required to demonstrate otherwise.
“In conclusion, it is safe to infer on a balance of probabilities that there is insufficient evidence to confirm the occurrence of a casual vacancy,” he said during the state assembly sitting here yesterday, according to a Bernama report.
On March 6, Abdul Rashid declared his support for the leadership of Selangor Mentri Besar Datuk Seri Amirudin Shari.
Previously, Azmin – who is also Selangor Perikatan Nasional chairman – when submitting the notice of vacancy for the Selat Klang seat to the Speaker, reportedly said that Lau was responsible for informing the Election Commission in accordance with Article LXVA (3) of the Selangor constitution.
Elaborating further, Lau said that any assemblyman could inform the Speaker about the casual vacancy of another assemblyman, and the Speaker had the right to investigate further with the relevant assemblyman before making a decision.
“If the Speaker, upon receiving the written notice, immediately announces a casual vacancy without making any due diligence to confirm, investigate or inquire about it, then many casual vacancies may occur from time to time.
“I believe this is not, and has never been, the legislative intent in amending the state constitution.
“Therefore, I must clarify that the function of the Speaker according to the constitution is to investigate first upon receiving the notice,” he said.
At a press conference at the state assembly lobby later, Azmin, representing the Perikatan assemblymen, expressed his regret over the Speaker’s decision and said he would review the matter before taking the next course of action, including legal action.
The sitting adjourned sine die.
