SHAH ALAM, Aug 3 — The status of a vacant seat in the Selangor State Legislative Assembly is expected to be finalised this week before being referred to the Election Commission (EC) to determine the next course of action, said Menteri Besar Dato' Seri Amirudin Shari.
However, the process depends on the decision of Speaker Lau Weng San, who has the prerogative to declare the seat's status.
He said the Selangor Legal Adviser is currently completing a review of the matter before informing the relevant parties.
"The declaration of the seat's vacancy is the Speaker's prerogative, not mine. I believe the Legal Adviser will complete the (briefing) note.
"I expect that, at the latest by this week, we will inform the relevant parties of the seat's position and status," Amirudin said.
He was speaking to the media after attending the Selangor Civil Service Assembly and the launch of the state-level 'Fly the Jalur Gemilang' campaign at the State Secretariat Building today.
Amirudin added that the decision on whether a by-election should be held does not rest with the state government, but is subject to the EC's assessment in accordance with legal provisions.
"We must abide by it because it is the EC's decision, based on the declaration that will be made by the Speaker. Our choice is to follow the law, and the law provides the best course of action," he said.
Meanwhile, Lau said the status of all state assemblymen, regardless of party affiliation, is still under review before any confirmation or decision is made.
"I am reviewing all constituencies; I am indeed conducting a review. I will inform everyone once I have obtained the necessary information, as the process takes time," he told the media during the event.
Lau noted that no assumptions would be made regarding the position of any state assemblymen until the review process is complete.
"We must establish the facts first; we cannot make any assumptions. Only after completing the entire process will we determine the status. We need to review members from every party because we do not want to overlook any possibility," he said.
The absence of any state assemblyman from an Assembly sitting should not be interpreted as an indication that there is a problem.
"Some are on medical leave, while others are unable to attend. Therefore, just because someone is absent today does not necessarily mean they are facing an issue.
"There should be no preconceived assumptions. We need to complete the review first, as it takes a little time," Lau said.
He underscored that the Selangor Constitution provides that a state assemblyman may lose their seat if they fail to attend Assembly sittings for six consecutive months without any official notification.
"If a state assemblyman member fails to attend Assembly sittings for a period of six consecutive months without providing any official notification, the seat may be declared vacant.
"There is precedent for this, including cases involving the Kuang state assemblyman during the previous term and the Port Klang state assemblyman in 2008," Lau said.
No official notification has been sent to the EC yet, as no final decision has been made.
"If I were to send such a notification, it would mean that a decision had already been made. After that, it would be up to the EC to determine the next course of action," he said.
Previously, the Menteri Besar confirmed that the state government had received information regarding the possibility of a by-election in Selangor following allegations that a state assemblyman had lost their eligibility to remain in office.
However, any official decision is still pending the Speaker's announcement following completion of the review in consultation with the Selangor Legal Adviser.
