Badrul Hisham challenges vacancy notice in court

Badrul Hisham Abdullah is seeking a court declaration that he is still the legitimate Port Klang state assemblyperson.

The application, filed before the civil division of the High Court in Shah Alam this afternoon, also seeks a declaration that Selangor speaker Teng Chang Khim's notice of the seat becoming vacant, sent to the Election Commission (EC), is null and void.

Badrul Hisham's originating summons was filed by his lawyer Hafarizam Harun, who frequently represents Umno, particularly in disputes involving Pakatan Rakyat.

Teng had announced that the Port Klang seat was vacant, with effect from Jan 16, because Badrul Hisham had failed to attend the assembly sitting without leave since July 16 last year.

Under the Selangor constitution, a seat is considered vacant if a member of the House is absent without leave for six months.

Teng's notice of the Port Klang seat being vacant was sent to the EC last Friday. If accepted, the commission has to hold polls within 60 days.

However, the EC is seeking legal advice on the matter.

“We are taking the position that the speaker is not a public authority,” said Hafarizam (left), claiming that Teng is not the rightful authority to declare the seat vacant.

He said they have named the EC as second defendant.

“(This is) because we want to stop the EC from declaring the seat vacant,” he replied when asked why the EC was being dragged into the matter.

The matter will be brought up for case management on Feb 17, when trial dates will also be fixed.

Badrul Hisham told reporters that the speaker was aware of his prolonged illness and that he had been unable to attend the assembly sitting last November, when he was undergoing traditional medical treatment.

“The speaker was informed of my health problems by a letter I sent on Dec 10 about my absence from the assembly from Nov 8-16.

“In a letter dated Dec 21, the speaker refused to accept my reason and announced that the seat is vacant,” said Badrul.

Quizzed about his earlier claim that he attended the sitting on Nov 8 - which Teng rebutted as a lie - Badrul would only say, “I leave it to the court to decide."

Looking quite dazed, he repeated that only the EC had the power to rule on the vacancy of his seat.

“I’m still alive. I appeal for justice as the speaker clearly had a bad intention in declaring the seat vacant without consulting the EC,” he said.

Badrul also said he stood by his claim that he is the lawful Port Klang assemblyperson, and that this was why he came for the emergency assembly sitting this morning.

He reiterated that he received a "formal invitation" to attend the sitting, but had been prevented from entering the premises by security guards.

“I sat in the media observation room instead, but as far as I am concerned, I am the rightful state assemblyperson for Port Klang. As long as the EC hasn’t said anything, I will carry out my duties."

He added that Teng had a "political agenda" in making the declaration.

‘Let court decide’

In his application, Badrul said he had attended the assembly sitting from July 12-15 and was absent only from Nov 8-16. There was no sitting between July 15 and Nov 8.

Badrul said he wrote to Teng on Jan 5, seeking a meeting but the latter never replied.

“Teng acted unreasonably, violated natural justice and it is an abuse of power,” he said.

Badrul wants the court to rule that he is still the Port Klang assemblyperson and that he is entitled to attend assembly sittings.

“Further and/or in the alternative, (we seek) a declaration that the decision of the speaker to announce the vacancy of Port Klang assembly seat is ultra vires under Article LXIX of the Selangor constitution, and (therefore) null and void,” he said.

According to an interpretation of Article LXIX, the six months should be calculated from Nov 8 and only the EC has the authority to decide if the seat is vacant, he said. 

Badrul is also seeking exemplary and punitive damages from Teng, among other costs.