Election Commission has today declared that Abu Hassan Sarif from Umno remains as state assemblyman for Kota Siputeh despite not showing up for two consecutive sessions of the Kedah state assembly sitting.

EC chairman Abdul Aziz Mohd Yusof made the announcement after convening a meeting to discuss the matter.

Kedah speaker Abdul Isa Ismail has requested the EC to call a by-election after Abu Hassan's state seat was declared vacant for failing to attend assembly sittings twice in a row.

NONE Abdul Aziz ( left ) said the commission had unanimously agreed that the Kota Siputeh assemblyman was absent from two consecutive state assembly meetings in different terms and not within the same term.

He added that Abu Hassan had also submitted a medical chit to prove that he was absent due to health reasons.

"The EC accepted his medical chit; his failure to submit it to the speaker earlier does not nullify the medical chit," he said in a statement here today.

The EC on Aug 17 was notified by the Kedah state assembly speaker that there was a vacancy for the seat as the assemblyman was absent for two consecutive meetings, rendering the seat vacant according to Article 51 of Kedah state constitution.

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Abdul Aziz said Abu Hassan had been given the opportunity to explain the reasons for his absence from the meetings.

"The EC has looked into his letter apologising for his absence from the meeting on Aug 9. He also attached to the letter a medical chit from the doctor who found that he was not fit to work for two days from Aug 9.

"We also considered his statement that he had sent a text message to the opposition leader that he would not be able to attend the meeting has he had a chest pain," he said.

Abu Hassan has expressed relief over the EC decision allowing

him to remain as the Kota Siputeh state assemblyman.

Speaking to reporters at the Kota Siputeh assemblyman's service centre in Kampung Tenggiri, Abu Hassan said he would attend coming sittings of he state assembly as usual.

Meanwhile in Alor Star, Menteri Besar Azizan Abdul Razak said the state government was planning file a suit in court seeking to declare the seat vacant.

He said that the state government would leave it to the legal advisor and state assembly speaker to study the matter and act accordingly.

"We want to know if the EC made the correct decision," he said.

- Bernama