he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom; or
- (d) if he becomes subject to any of the disqualifications specified in Article 29 of this Constitution.
- (3) Any person whose seat in the Legislative Assembly has become vacant may, if qualified, again be elected as a Member of the Legislative Assembly from time to time.
Provision against double membership. 31. A person shall not be at the same time a Member of the Legislative Assembly for more than one constituency.
Decision of questions as to disqualification. 32. Any question whether—
- (a) any Member of the Legislative Assembly has vacated his seat therein;
- (b) in the case of any person who has been elected as Speaker from among persons who are not Members of the Legislative Assembly, any circumstance has arisen that, if he had been elected to a seat in the Legislative Assembly, would cause him to vacate his seat by virtue of paragraph (a) or paragraph (d) of clause (2) of Article 30 of this Constitution,
shall be determined by the Legislative Assembly whose decision shall be final:
Provided that this Article shall not be taken to prevent the practice of the Legislative Assembly postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).
Filling of vacancies. 33. Whenever the seat of a Member has become vacant for any reason other than a dissolution, the vacancy shall within three months from the date on which it is established that there is a vacancy be filled by election in the manner provided by or under any law for the time being in force in the State.
Penalty for unqualified persons sitting or voting in the Legislative Assembly. 34. (1) Any person who sits or votes in the Legislative Assembly, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding two hundred dollars for each day on which he so sits or votes.
- (2) The said penalty shall be recoverable by action in the High Court at the suit of the State Advocate-General.
Staff of Legislative Assembly. 35. (1) The staff of the Legislative Assembly shall consist of a Clerk of of the Legislative Assembly, and such other officers as may from time to time be appointed under Part IV of this Constitution to assist him.
- (2) The Clerk of the Legislative Assembly shall be appointed by the Yang di-Pertuan Negara after consultation with the Speaker and the Public Service Commission.
