TENG CHANG KHIM v. BADRUL HISHAM ABDULLAH & ANOR  9 CLJ 630
FEDERAL COURT, PUTRAJAYA
MD RAUS SHARIF CJ, SURIYADI HALIM OMAR FCJ, AHMAD MAAROP FCJ, ZAINUN ALI FCJ, ABU SAMAH NORDIN FCJ
[CIVIL APPEAL NO: 01(F)-26-08-2016(B)]
28 AUGUST 2017
ADMINISTRATIVE LAW: Judicial proceedings – Judicial proceedings against Speaker of State Legislative Assembly – Member of State Legislative Assembly absent from State Legislative Assembly meetings for six months without leave of Speaker – Speaker declared member’s seat vacant – Speaker explained decision and declaration in press conference outside State Legislative Assembly proceedings – Whether declaration amenable to judicial proceedings – Whether Speaker’s act in making declaration part of proceedings of State Legislative Assembly even if made during press conference – Constitution of the State of Selangor 1959, arts. 69 & 77 – Federal Constitution, art. 72(1)
CONSTITUTIONAL LAW: Parliament – Privileges and immunities – Member of State Legislative Assembly absent from State Legislative Assembly meetings for six months without leave of Speaker – Speaker rejected member’s application for leave and declared member’s seat vacant – Member initiated judicial proceedings against Speaker – Whether Speaker immune from being challenged in court – Whether enjoyed constitutional privilege and protection – Constitution of the State of Selangor 1959, arts. 69 & 77 – Federal Constitution, art. 72(1)
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