Badrul Hisham Abdullah is still the Port Klang assemblyperson, the High Court in Shah Alam ruled today, throwing out as unlawful Selangor legislative assembly speaker Teng Chang Khim's declaration that the seat is vacant.

Judge Zaleha Yusof accepted Badrul Hisham's originating summons and oral submissions from his counsel, and ordered Teng to pay the assemblyperson RM40,000 as costs.

NONEBadrul Hisham had sought a declaration that Teng's (left) notice of the seat being vacant, sent to the Election Commission (EC), was null and void.

"I am the representative of the people, elected by the people. My victory is the victory of the people in Port Klang," he said, looking relieved.

His lawyer, Firoz Hussein Ahmad Jamaluddin, told the court: “We submit that on a true construction and interpretation of Article 69 of the Selangor state constitution, the calculation of the six months’ period commences from Nov 8, 2010.”

Speaking to reporters after the hearing, Firoz said Teng should have calculated Badrul Hisham's absence from the state assembly from Nov 8 and not from July 16 last year as there was no sitting or proceeding of the assembly after July.

He said Teng's letter declaring the seat vacant, which was sent to the EC on Jan 21, calculated the six months’ period from July 16 last year.

"We submit that such an application would be unreasonable."

Transgression of democratic rights

Firoz said Teng's lawyer, Nur Ashikin Abdul Rahim, did not take part in the hearing for reasons unknown.

Teng, in his affidavit-in-reply filed last week, argued that as the speaker of the state assembly, he was protected by immunity under the federal constitution.

NONEThe Sungai Pinang assemblyperson, who is also a lawyer, said the Selangor constitution empowered him to declare the seat vacant, not the EC.

Badrul Hisham (right) quit PKR in 2009 and joined Umno in May last year.

Firoz claimed that Teng's orders were "against democratic principles" and had prevented Badrul Hisham from taking part in the Jan 24 emergency assembly sitting to amend the state constitution.

"It was a serious transgression of his (Badrul Hisham's) democratic rights and the people of Port Klang who elected him," he added.

Teng had on Jan 19 declared the seat vacant on grounds that Badrul Hisham had been absent from the state legislative assembly sitting, without leave, for more than six months from July 16 last year.

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

Badrul Hisham last month filed an originating summons to declare Teng's pronouncement null and void, as well as an injunction against the EC from calling a by-election for the Port Klang seat.

Besides Firoz,  Hafarizam Harun also represented the assemblyperson, while the EC was represented by senior federal counsel Kamaluddin Md Said.