Port Klang vacancy: Court advises EC to wait

The court advises the EC to postpone action on the Port Klang seat vacancy until the incumbent's suits are disposed of. Badrul Hisham Abdullah has failed to obtain an interim order to prevent the Election Commission from declaring a by-election for the Port Klang state legislative assembly seat. NONEHowever, Shah Alam High Court judge Suraya Othman said that it was only proper for the EC to wait until Badrul Hisham's application for an injunction is disposed of. Suraya will hear Badrul Hisham's application for an injunction against the EC on Feb 7, but the EC is scheduled to discuss the vacancy tonight. "The parties named have to act accordingly especially the second defendent (the EC), can only take any action after the case is heard on Feb 7," Suraya told a closed court today, according to lawyer Abu Bakar Isa Ramat. The Port Klang seat was declared vacant by Selangor legislative assembly Speaker Teng Chang Khim on Jan 19. According to Teng, Badrul Hisham, the seat incumbent, has been absent from the state legislative assembly sitting without leave for more than six months. Badrul Hisham has filed for an application to declare Teng's pronouncement null and void, as well as an injunction against the EC from declaring a by-election. Badrul Hisham's other lawyer Wan Azmir Wan Majid said that the legal team has also filed a certificate of urgency. 'I had to act today' Speaking to reporters, Badrul Hisham said that he had to act today as Teng in a statement yesterday questioned the EC's move to discuss the status of the recently vacated Merlimau state seat first rather than to look into the circumstances of the Port Klang seat. NONEThe Selangor speaker said that he was puzzled to why the EC did not want to fix the same date to discuss the Port Klang by-election, as the EC was informed about Port Klang on the same day as Merlimau - Jan 21. “I had made the vacancy declaration on Jan 19, by virtue of Article 69 of the Selangor constitution 1959, and the notification together with a copy of the declaration had been sent to the EC on Jan 21,” Teng had said. Teng warned the EC to avoid being labelled an accomplice to any political party or any individual to delay or avoid the due process of election as it would be seen as “abdicating its constitutional duty”. “(Therefore) I talked to my lawyers and they said it is necessary,” said Badrul Hisham. Asked if the judge's order in anyway restricted the EC from contemplating on the Port Klang seat, Wan Azmir said: “It is not a restriction to the EC, it is advice. “When parties know that there is an impending injunction, the parties should also understand what is effect (in the event that) the injunction is granted later on Feb 7. There are sufficient laws that cover this issues.” Also quizzed whether the EC was officially notified about the injunction, Abu Bakar said: “I believe that the EC has already received the notice of the injunction.”