By Lim Kit Siang
February 3rd, 2009
The Election Commission has acted unconstitutionally outside its jurisdiction in refusing to recognize the decision of the Perak Speaker, V. Sivakumar on the vacancy of the Changkat Jering and Behrang state assembly seats and to hold by-elections.
As pointed out clearly by the former Election Commission Chairman, Tan Sri Rashid Rahman, the Election Commission’s constitutional duty is to act on the Perak Speaker’s official notification on the vacancy of the two state assembly seats and to call for by-elections to be held in the next 60 days.
It is no business of the Election Commission to act and usurp the jurisdiction of the courts to dispute the Speaker’s decision – as any such legal challenge should come from Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu if they want to challenge the legality of their resignations from their respective state assembly seats.
In this case, the Election Commission has even acted as a court of law – in a decision which is clearly influenced by the political interests and considerations of the Barisan Nasional.
With the further odds against the Pakatan Rakyat state government in Perak, all options to resolve the political crisis in Perak will have to be considered.