TENG CHANG KHIM v. BADRUL HISHAM ABDULLAH & ANOR

[2017] 5 MLRA 651
Federal Court, Putrajaya
Raus Sharif CJ, Ahmad Maarop CJM, Suriyadi Halim Omar, A Samah Nordin, Zainun Ali FCJJ
[Civil Appeal No: 01(F)-26-08-2016(B)]
Raus Sharif CJ, Ahmad Maarop CJM, Suriyadi Halim Omar, A Samah Nordin, Zainun Ali FCJJ

Constitutional Law : Legislature - State Assembly - Absence of assemblyman from State Legislative Assembly sittings - Speaker of State Legislative Assembly announced vacancy of assemblyman's seat in press conference and mass media - Announcement not made during proceedings of State Legislative Assembly - Whether Speaker's act in declaring vacancy of seat immune from legal action - Laws of the Constitution of Selangor 1959, arts 69, 70(1)

Constitutional Law : Parliament - Privileges and immunities - Speaker - Whether the decision of Speaker in declaring State seat vacant was a decision made during proceedings in the business of the State Assembly - Whether subject to judicial scrutiny - Whether the decision made by the Speaker is protected by the constitutional privileges provided for under art 72(1) Federal Constitution as well as art 77 Selangor State Constitution 1959 - Whether words or actions that do not take place within the walls of Parliament are also protected by absolute privilege

Sign up to view full cases Login