by parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, in Petaling Jaya on Sunday, April 3, 1994:
Selangor Mentri Besar should be advised that it would be unconstitutional to leave Shahbandar Raya state assembly seat vacant without be-election by giving retrospective effect to the Selangor State Constitutional amendment to be passed by the Selangor State Assembly tomorrow
Selangor Mentri Besar, Tan Sri Muhammad Taib, said yesterday that the Selangor State Government wants to leave the Shahbandar Raya state assembly seat vacant until the next general elections following the death of State Exco member and MIC State Treasurer, Datuk T.M. Thurai last Wednesday.
Muhammad said that the Selangor State Assembly, which would meet tomorrow, would adopt a state constitutional amendment in line with the Federal Constitution (Amendment) (No. 3) 1993 providing that if a casual vacancy arises within the last two years of the five-year term of the Assembly, such a vacancy would not be filled unless the Speaker notified the Election Commission that the numerical strength of the party that constituted a majority of the legislative assembly would be affected by such a vacancy.
Parliament passed this undemocratic amendment to the Federal Constitution in July 1993, but the Selangor State Assembly had not adopted a similar constitutional amendment to its state constitution although it had ample time to do so.
Is the Selangor State Mentri Besar trying to hide the embarrassment and incompetence of the Selangor State Government in being unable to amend the state constitution when it met at the end of last year?
Or is the request to leave Shahbandar Raya seat vacant the proposal of the MIC President, Datuk Seri Samy Vellu, who is afraid that the MAIKA Telekom shares hijacking scandal would feature as the top issue in the by-election?
It would be most unconstitutional for the Selangor State Government now to seek to give retrospective effect to the constitutional amendment. It would table at the State Assembly tomorrow so as to leave the Shahbandar Raya seat vacant.
Muhammad Should be advised that his proposal to leave Shahbandar Raya seat vacant is unconstitutional and that it could be challenged in a court of law.