No by-elections, says EC – so what happens now?

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The political turmoil in Perak has taken on a new twist with Election Commission chairperson Abdul Aziz reportedly saying that no by-elections would be held because of doubts over the resignation letters of the two state assembly members.

Aziz pointed out that the assembly members had sent in new letters to deny the validity of the resignation letters submitted by the Perak Speaker.

Where does this leave Perak? Will we see a battle in the courts?

See Aliran president P Ramakrishnan’s statement here in which he says the Election Commission’s decision is ultra vires.

Of course, if the two assembly members were to defect, the Pakatan would have a majority of one. And if that majority is threatened, then they have the option of dissolving the assembly and calling for fresh elections – if the Sultan consents, that is.

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tongkatmusa

The Federal Court (5 judges) unanimously held (9th April 2009) that the Election Commission had the authority to determine whether there is or not a casual vacancy.

Indeed sivakumar is brave enough in thinking that he was above and over the Election Commission. (see http://jelas.info/2009/02/19/brave-sivakumar/#comment-180273)

Whether wrongly or rightly decided, these 5 Federal Court judges cannot agree with Sivakumar.

Soalan seterusnya adalah, adakah dia mengatasi Sultan pula bila menggantungkan Dato Zambri dan EXCOnya?

Prof Madya Dr Abdul Rani Bin Kamarudin
Pensyarah (Public Law) IIUM

malisa

BN begitu terdesak ..Najib sangat terdesak hingga mengatur permainan yg paling kotor..kalau ingin memulihkan imej BN bukan dengan cara menerima 2 adun yg menunggu hari perbicaraan kes rasuah….ada berani biar rakyat jadi penentu melalui peti undi…dan adun dato nasa sekarang telah menjadi putera katak yang sebenar..

Joc_Penang

Well here we go again, Sort of by Election, but this time for all the State seat for grap. Hello the the “Frogs” better collect your dues (RM) from those promised you before the state assembly dissolve lo. After dissolve you don’t even worth a cent to them. Too bad you must have had wonderful dreams of flying to US, Europe or UK for holiday, may be settledown, too bad now that God has worked the other way for the Pakatan. You greedy idiots. No place to hide, Tsunami is coming your way. Well everyone join me and say Heeeeee,… Read more »

Vijay Kumar Murugavell

Lompat si katak lompat
Lompat dalam perigi
Sekat BN sekat
Keputusan SPR memang keji

Lompat si katak lompat
Lompat di tepi pagar
Dengar suara rakyat
Oh wahai Menteri Besar

Lompat si katak lompat
Lompat di air tenang
Ini angkara budak tingkat empat
Jangan bagi Ezam duduk senang

Lompat si katak lompat
Lompat di rumput muda
SPR jadi alat
BN sanggup buat apa jua

pantun VKM-09

Joc_Penang

Si Jamaludin dan Osman kemanakah pergi nya engkau?. Satu Malaysia dok cari ampa. Masa kecil-kecil dulu tak pernah main “achilot”(Hide & seek) ke? Menyusahkan orang, kata masih ADUN di Kawasan ampa, tapi muka tak nampak pun. Hang orang ni Lelaki ke atau sebalik-nya.
Kita hidup sekali aje biar hidup cara Gentlemen, kalau tak boleh tolong pakai baju kurung isteri tuan-tuan ye.

Nak jaga & bertanggungjawab kepada rakyat/pengundi di kawasan konon. Harap maklum pengundi dok tunggu YB dengan penyapu dan kasut buruk.

Sekian pandangan aku kepada si bodoh yang berkenaan.

looes74

By the way, Simpang Pulai was given away for free to PKR in 2008 GE. DAP obtains more votes in 2004 GE

Vijay Kumar Murugavell

The conundrum here is that, constitutionally under article 113 , EC is compelled to call a by election after a seat is declared vacant… To do this the speaker must present evidence like resignation letters,death cert or a court conviction of an assemblyman. The EC here has cleverly subverted the role of the speaker by declaring that it had a right to peruse authencity of documents tendered to it, I am inclined to thinh that even if it goes to court, the decision will be the same as those opposing the plaintiff’s (Perak pakatan) will argue on the very same… Read more »

looes74

Well, I believe SNAP election is inevitable now. 48 hours ultimatum is given so as to buy time for further negotiation with 3 coaliation parties in preparing themselves for the election. I believe Ngeh is working on it now. Sorry to sound a bit partisan. I believe DAP would be negotiating for increase candidacies in this SNAP election. DAP has asked for 10 parliamentary and 20 state constituencies in the GE2008. However, it’s kenna backed down/whacked down to 7 parliamentary and 18 state constituencies. In the last GE2008, PAS has 7 Parliamentary and 21 state constituencies PKR has 10 Parliamentary… Read more »

Vijay Kumar Murugavell

Recently in Perak, when they wanted to change jalan Silibin to jalan P.Patto , Sivanesan was tasked with organising a referendum to gather views, come on Siva-think out of the box, organise a statewide referendum and present it to the Sultan who has declared his neutrality, at least then the Sultan can have a basis to decide. take a que from the Bolivians who voted in a referendum to give greater political power and revenues from the vital natural gas industry to the indigenous majority, who are the poorest segment in South America’s poorest nation. It would be a great… Read more »

bat8

Febuary

UMNO/BN requires all their MPs and ADUNs to sign akujanji. It is a pledge that they will be loyal and remain within UMNO/BN. Actually they thought all this while that they are invincible that none of their elected reps will ever jump ship.

l am sure, after Bota man fiasco, UMNO/BN will make mandatory that all their candidates in GE sign the undated resignation letters as security. l think DAP will fillow suit too.

bat8

Dalbinder Singh Gill

to me , the people have done their duty on march 8, instead if leaders can stop hopping around, then there would be no problems, its people power, so the people choosed a leader under whicever party, thus if the leader wanna jump party, he should relinquish his seat, i agree with YB Karpal on the anti hopping law and also his view that if such a law is in place, it will be retrospective 31 august 1957, meaning all those who hopped before the law also be charged and tried in court if they had done so against the… Read more »

Phua Kai Lit

As the Pakatan Rakyat component political parties get stronger and generate more hope in the hearts of the people who are hungry for progressive change in Malaysia, they will attract people of stronger principles and higher capabilities as potential Parliamentary and State Assembly candidates. This will allow the weeding out of the undesirable and the incompetent e.g.
ex-UMNOputras who are now in PKR.
With more and more Malays supporting the PR,
UMNO is fast becoming the party of the corrupt, the racists and the fooled)

Joc_Penang

The missing people are place in Time Capsule will be release for public view when time comes. Anil, I miss the smiling face of the Ex-Mr Posman, Ex-Sexco Oops Exco & Ex Adun of Behrang En Jamaluddin.

Kunta Kinte

While our attention is being deflected by the Perak stand-off, something may be happening in the room at the top of the stairs. A realignment of political forces in this country may or may not occur. It is sad, very sad to see this country with so much potential with enough for each and every Malaysian going to the dogs – all because of some half-past-six politicians. Of course, it all began in 1986 when Dato Seri Musa Hitam resigned as Deputy Prime Minister and deputy president of Umno. From that year on, we in Malaysia have had our attention… Read more »

Sl

I ask the same … Where is Bala?!! We want Bala! We want Bala! We want Bala!

dev

Dear All, Some of you seem to very easily blame Anwar for this situation in Perak, But have any of you stopped to think what kind of leader is the aspirant to the seat of the Prime Minister this March is? With all evidence pointing on his involvement either directly or indirectly, we might as well have one dictator who rules as he pleases and makes all of us slaves who will go missing or just vanish into thin air if we disagree to do as we are told! So please for the sake of all and for the sake… Read more »

Ramesh

You will continue to see turmoil whether in Malaysian politics or Malaysian current affairs even after Najib takes over the helm of UMNO. With numerous controversies still unanswered for, he will definitely create more later on. And so he will forever be remembered in Malaysian history as “Bapa Kontrovarsi”. What a legacy…

Angela Ooi

I didnt expect the *** ******* *** to agree to the elections though I prayed otherwise. BN’s will, will be done. However, I am sure this decision will later return to haunt BN when the shose is on the other foot.

Juju

can we (do away with) the two cousin brothers Ngeh & Nga ?

K P VARAN

The EC is in contempt of the Perak State Assembly. It’s duty is to carry out the decision of the State Government. The EC should be opulled up for contempt and be duly dealt with.

It is NOT a Constitutional Court.

However, it (appears to be) topped up with cronies of BN. That is the problem that Perakans face.

Richy

When politicians control EC and other public offices this is what will be the outcome. Like Lim Kit Siang said, the EC has no jurisdiction to interfere into the state administrative affairs except acting on the formal request made by speaker. In this case the EC chairman has become the judge and EC is the courtroom.

Hope PR government gets the nod of the palace to dissolve the state assembly. But again … even if it happens, EC would (probably) only fix the election date after Umno election in March…

malaysian

What happens now? See who jumps where.

Dave

Snap Election….This two will lose badly.I bet on it

Markky

In Chile, politicians used to disappear under Pinochet authoritarian rule. Now I see the same thing happening in my beloved nation. It is surely turning into a police state!!!

caravanserai

Let’s call a state snap election PR government doesn’t have to wait Tell the Sultan of Perak He is the right person to know about law He knows inside out of the legal system Once he was the Lord President The buying and cajoling The PKR representatives didn’t think properly Maybe they want to escape the law Maybe they are the Trojan horses Kick up dust and smoke testing the ground In the end it is just shadow playing They said they haven’t jumped ship By the end of the day Pakatan will have a slim one seat majority Pakatan… Read more »