PUTRAJAYA: Datuk Abu Hassan Sarif, who was absent from two consecutive meetings of the Kedah state legislative assembly, is still the assemblyman for Kota Siputeh.
This follows the Election Commission's decision that there is no vacancy for the constituency.
EC chairman Tan Sri Abdul Aziz Mohd Yusof said the EC decided that the N.3 Kota Siputeh was still held by Abu Hassan of Barisan Nasional who won it in the last general election.
In a seven-page statement issued to the media, Aziz said the EC was notified of the vacancy on Aug 17 by the Kedah state legislative assembly speaker, citing Article 15 of the Kedah state legislature.
The EC convened a special meeting at 10.30am yesterday to discuss the matter.
"In deciding on the issue of absence for two consecutive meetings, the terms meeting (mesyuarat), session (penggal persidangan) and sitting (persidangan) were given attention and their definitions under Article 2 of the Kedah state legislature and Regulation 96 of the Kedah state assembly meeting regulations."
Aziz said Part (1) Article 53 of the Kedah legislature and Article 11 of the meeting regulations were also referred to.
He added that the Kedah Sultan declared April 19, 2009, at 9am, as the date and time for the fifth meeting of the first session of the Kedah state assembly.
The ruler also declared Aug 9, 2009, at 9am, as the date and time for the first meeting of the second session of the state assembly.
"P. Ramanatha Aiyar in his book, The Law Lexicon -- The Encyclopaedia Law Dictionary with Legal Maxims, Latin Terms, Words and Phrases, second edition, on page 386, defines consecutive meetings as meetings, one immediately following the other.
"Based on paragraph 8 (of the book) and definitions of 'consecutive meetings,' the fifth meeting of the first session of the assembly (on April 19) and first meeting of the second session of the assembly (Aug 9) were not consecutive meetings."
The gap between the two sittings was three months and 20 days.
He said Abu Hassan was absent from two consecutive meetings but of two different sessions.
Aziz also said that Abu Hassan was not given the chance to explain why he did not turn up for the Aug 9 meeting.
"The EC has studied his letter dated Aug 10 where he apologised for being absent.
"He also enclosed a medical certificate from a doctor who found him to be unwell to discharge his duty for two days, from Aug 9 to 10. He (Abu Hassan) also sent a SMS to the opposition chief to notify him of his absence because of chest pain."
The EC, however, was not informed whether such explanation was given consideration.
"There was also no information from the speaker or Abu Hassan himself whether the matter was referred to the assembly's privileges and rights committee."
Under Regulation 78, Aziz said the committee and the speaker were empowered to consider the powers, rights and privileges of the assembly.
Erskine May's treatise on the law, privileges, proceedings and usage of Parliament on page 75 defines an assembly's privileges as "other such rights and immunities such as the power to punish for contempt and the power to regulate its own constitution belongs primarily to each House as a collective body for the protection of its members and the vindication of its own authority and dignity".
Therefore, the issue concerning Abu Hassan's absence should have been referred to the committee, he added.
The EC had studied all documents and facts presented before it.
"His failure to submit the medical certificate to the speaker does not render the certificate invalid.
"The EC is also of the opinion that before Article 15 of the state legislature was used, the matter should have been referred to the committee.
"The EC, therefore, decided that there is no vacancy for this state seat."
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