Lode88:Office of Speaker is vacant when Dewan Rakyat is dissolved
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THE reason why the country has just concluded the general election (GE) was because the Dewan Rakyat was dissolved by the Yang Di-Pertuan Agong following His Majesty’s consent to the dissolution at the request of the prime minister.
Dissolution is the constitutional term for the end of parliament. Under Article 55(4) of the Federal Constitution, whenever the Dewan Rakyat is dissolved a general election (GE) must be held within 60 days from the date of the dissolution and the august House must be summoned to meet on a date not later than 120 days from that date.
When the Dewan Rakyat is dissolved, every seat in the House becomes vacant. All business in the House comes to an end. Elected members (MPs) stop representing their constituencies. There will be no MPs until after the GE.
The office of the Speaker too should become vacant. This should be the consequence of the Dewan Rakyat’s dissolution and the MPs vacating their seats. It must be remembered that the Speaker is elected by the MPs. As such, when the MPs vacate their seat following dissolution of the House, the Speaker must follow suit.,
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Article 57(1) and Standing Order No.1 and 3 of the Dewan Rakyat states that the office of the Speaker is vacant until the House first meets after a GE and therefore the first order of business of the House, after the House Secretary reads the Proclamation of the King, must be the election of a Speaker.
Standing Order 2 suggests that the office of the Speaker is vacant on the first day of the meeting of the House after a GE. Newly elected MPs must be seated in accordance with an arrangement the House Secretary determines.
It is only after his election that the Speaker may allot a seat to each MP and he may vary such allotment from time to time, as he sees fit. Thereafter, seats are allotted at the discretion of the Speaker.
Accordingly, the office of the Speaker is vacant after dissolution of the Dewan Rakyat until after the House elects a Speaker on the first day of meeting after a GE.
Hafiz Hassan reads The Malaysian Insight.
* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.