S'gor speaker bids to strike out Badrul's injunction
S PathmawathyPublished: Feb 10, 2011 1:04 PM | Updated: Feb 10, 2011 1:26 PM
Selangor assembly speaker Teng Chang Khim has filed an affidavit-in-reply to strike out the suit against him in the case of the disputed vacancy of the Port Klang state seat.
Selangor assembly speaker Teng Chang Khim has filed an affidavit-in-reply to strike out the suit against him in the case of the disputed vacancy of the Port Klang state seat.
Teng, in the affidavit, stated that he is protected by the immunity according to the speaker of the assembly under the federal constitution.
The Sungai Pinang assemblyperson (left), who is also a lawyer, also argued that it is beyond the jurisdiction of the court to determine, among others, the proceedings of a state assembly.
This was in response to an originating summon filed by Badrul Hisham Abdullah, who has insisted that he is still the Port Klang assemblyperson and is seeking a declaration that Teng’s notice of the seat’s vacancy sent to the Election Commission (EC), is null and void at the Shah Alam High Court.
Badrul Hisham (below, on left) also named the EC as the second defendant in order to stop the election body from declaring the seat vacant.
“I am protected by the immunity conferred by Article 72 of the federal constitution from any legal action by the plaintiff ,” said Teng.
He also cited the provisions of the federal constitution and Selangor’s constitution stipulating immunity from legal proceedings.
“Thus, the alleged dispute put forward by Badrul Hisham in these proceedings is not justiciable.
“The legitimacy of any of my decision and/or declarations made in my capacity as the Speaker of the assembly may not be questioned in court because of the high constitutional doctrine that the legislative assembly and the judiciary are two branches of the government, neither (are) subordinate to the other.
“Accordingly, I am not submitting to the jurisdiction of this honourable court,” said Teng.
The Speaker’s powers
In the affidavit-in-reply, Teng also detailed out the dates Badrul Hisham was absent from the assembly sittings.
“Badrul Hisham was absent at the sitting on July 13 and 14. He produced a medical certificate and the Selangor legislative assembly clerk recorded his absence accordingly.
“When the third meeting of the third session commenced on Nov 8 (up to Nov 15), Badrul Hisham did not attend any of the six sittings,” he added, pointing out that the assembly representative failed to attend any of the six sittings in November last year, which tabled the state budget.
“I did not at any time receive any letter or written notification regarding Badrul Hisham’s absence for the third meeting,” added Teng in his 15-page affidavit.
He stressed that, the Selangor constitution empowered him to declare the seat vacant, not the EC.
Teng pointed out that Article 69 of the Selangor constitution empowers the Speaker, not the EC, to declare the vacancy of the state seat.
“Therefore, Badrul Hisham’s claim that I have no power to declare his seat vacant is clearly misplaces and erroneous.
“Badrul Hisham’s originating summon is scandalous, frivolous and vexatious, and amounts to an abuse of this honourable court’s process and should be struck out summarily,” said Teng.
The dispute over the vacancy of Badrul Hisham’s Port Klang seat will be heard by the Shah Alam High Court on Feb 17.
Teng, in the affidavit, stated that he is protected by the immunity according to the speaker of the assembly under the federal constitution.
The Sungai Pinang assemblyperson (left), who is also a lawyer, also argued that it is beyond the jurisdiction of the court to determine, among others, the proceedings of a state assembly. This was in response to an originating summon filed by Badrul Hisham Abdullah, who has insisted that he is still the Port Klang assemblyperson and is seeking a declaration that Teng’s notice of the seat’s vacancy sent to the Election Commission (EC), is null and void at the Shah Alam High Court.
Badrul Hisham (below, on left) also named the EC as the second defendant in order to stop the election body from declaring the seat vacant.
“I am protected by the immunity conferred by Article 72 of the federal constitution from any legal action by the plaintiff ,” said Teng. He also cited the provisions of the federal constitution and Selangor’s constitution stipulating immunity from legal proceedings.
“Thus, the alleged dispute put forward by Badrul Hisham in these proceedings is not justiciable.
“The legitimacy of any of my decision and/or declarations made in my capacity as the Speaker of the assembly may not be questioned in court because of the high constitutional doctrine that the legislative assembly and the judiciary are two branches of the government, neither (are) subordinate to the other.
“Accordingly, I am not submitting to the jurisdiction of this honourable court,” said Teng.
The Speaker’s powers
In the affidavit-in-reply, Teng also detailed out the dates Badrul Hisham was absent from the assembly sittings.
“Badrul Hisham was absent at the sitting on July 13 and 14. He produced a medical certificate and the Selangor legislative assembly clerk recorded his absence accordingly.“When the third meeting of the third session commenced on Nov 8 (up to Nov 15), Badrul Hisham did not attend any of the six sittings,” he added, pointing out that the assembly representative failed to attend any of the six sittings in November last year, which tabled the state budget.
“I did not at any time receive any letter or written notification regarding Badrul Hisham’s absence for the third meeting,” added Teng in his 15-page affidavit.
He stressed that, the Selangor constitution empowered him to declare the seat vacant, not the EC.Teng pointed out that Article 69 of the Selangor constitution empowers the Speaker, not the EC, to declare the vacancy of the state seat.
“Therefore, Badrul Hisham’s claim that I have no power to declare his seat vacant is clearly misplaces and erroneous.
“Badrul Hisham’s originating summon is scandalous, frivolous and vexatious, and amounts to an abuse of this honourable court’s process and should be struck out summarily,” said Teng.
The dispute over the vacancy of Badrul Hisham’s Port Klang seat will be heard by the Shah Alam High Court on Feb 17.
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