Election Commission chairman Ramlan Harun has dismissed suggestions that the Sabah state assembly speaker cannot declare the Lamag seat vacant because Bung Moktar Radin died before taking his oath.
He stressed that the swearing-in is merely an administrative formality after an election.
Once the returning officer announces a candidate as winner, that person is legally an assemblyman, making the seat vacant upon death.
Legal Basis Clearly Defined
Ramlan explained that Regulations 25D and 25F of the Elections (Conduct of Elections) Regulations 1981 must be read together.
He said the speaker only needs to inform the EC of an elected representative’s death, after which the commission will confirm the vacancy.
For parliamentary seats, the process is explicit, but the Sabah State Constitution is silent on such cases involving state seats.
EC Holds Final Authority
When state constitutions lack specific provisions, Ramlan said general federal law applies, placing responsibility with the EC to manage both parliamentary and state elections.
Bung Moktar, 66, the Kinabatangan MP and Sabah Barisan Nasional chairman, passed away last Friday in a Kota Kinabalu hospital.
He had retained the Lamag seat with a 153-vote majority in the November 29 state election.
