When asked when he expected to issue the vacancy notice, Kadzim said his office was prioritising the swearing-in ceremony for new assemblymen and the tabling of the state budget.

“There is no need to rush because the grave is still fresh and the flowers are still new. We must respect the deceased’s family,” he said, according to Berita Harian.

“I will obtain confirmation from the national registration department before issuing the vacancy notice to the EC.”

Bung, 66, defended the Lamag seat with a majority of 153 votes at the Nov 29 state election. He passed away last Friday before he could be sworn in as an assemblyman.

The six-term Kinabatangan MP was chairman of the Sabah chapters of Umno and Barisan Nasional.

EC chairman Ramlan Harun meanwhile dismissed claims that Kadzim lacked the authority to declare the Lamag seat vacant as Bung had not been sworn in.

Ramlan said that legally, an election candidate is considered an assemblyman once the returning officer announces his or her victory.

“The swearing-in ceremony is an administrative formality conducted by the state assembly,” Berita Harian reported him as saying.

“Once the returning officer declares the candidate the winner, he is considered an assemblyman.

“This is in line with Sections 25D and 25F of the Elections (Conduct of Elections) Regulations 1981.”