KUALA LUMPUR, June 20 — Parti Pribumi Bersatu Malaysia (Bersatu) chief whip Datuk Seri Ronald Kiandee today said Dewan Rakyat Speaker Tan Sri Johari Abdul must ensure a by-election is held within 21 days of receiving a vacancy notice, as clarified by former speaker Tan Sri Azhar Azizan Harun.
He said a notice on the unexpected vacancies of six parliamentary seats held by rogue Bersatu members has been sent and accepted by the Dewan Rakyat Speaker’s Office.
He said the notice regarding the Jeli, Gua Musang, Bukit Gantang, Kuala Kangsar, Tanjong Karang and Labuan seats was sent yesterday adding that confirmation of unexpected vacancies holds critical weight under Section 18C of the Societies Act which asserts the final decisions made by political parties.
“Therefore, as stated in Article 49A(3) of the Federal Constitution, the Speaker of the Dewan Rakyat must ensure that any unforeseen vacancy is filled within 21 days of receiving the notice. The former speaker of the Dewan Rakyat Tan Sri Azhar Azizan Harun has further clarified this requirement.
“The confirmation of such unexpected vacancies must be respected, especially since Section 18C of the Societies Act stipulates that any decision made by a political party is final and conclusive,” he said in a statement today.
He said this regarding the declaration by Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah, who announced the vacancy of the Nenggiri state assembly seat following both the Kelantan State Constitution and the Federal Constitution yesterday.
Kiandee said Johari is determined to maintain the independence of the legislative body from partisan political influence by upholding the integrity of the constitution and respecting the supremacy of the law.
Consequently, he said Johari must declare the six parliamentary seats vacant and inform the Election Commission (EC) to enable the scheduling of a by-election.
He also said the notifications of immediate membership cessation under Article 49A of the Federal Constitution involving six MPs from Bersatu were submitted and received by the office of the Dewan Rakyat Speaker.
On behalf of the party, he said he had signed all notifications for the vacant parliamentary seats for Jeli, Gua Musang, Bukit Gantang, Kuala Kangsar, Tanjong Karang, and Labuan.
Mohd Azizi, who also serves as the MP for Gua Musang, lost his Bersatu membership for failing to respond to an official letter requiring him to pledge his loyalty to the party by May 31.
Despite winning Nenggiri under the PAS banner, Mohd Azizi was a Bersatu member.
Last week, Bersatu announced that he, along with five other MPs and a Selangor state lawmaker, were no longer members after they failed to respond to letters demanding their loyalty pledges by May 31.
The other terminated representatives include Bukit Gantang MP Syed Abu Hussin Syed Abdul Fasal, Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Suhaili Abdul Rahman (Labuan), Datuk Dr Zulkafperi Hanafi (Tanjong Karang), and Selat Klang assemblyman Datuk Abdul Rashid Asari.
This follows Bersatu’s successful amendment to its constitution, which states that members automatically lose their membership if they go against the party’s decisions, and elected representatives must vacate their seats.
