With the 'resignation letters' of Changkat Jering and Behrang State Assemblymen which was handed to the Perak State Speaker, V Sivakumar, while not disputed as regards to the letters by the respective Assemblymen Jamaluddin Mohd Radzi (Behrang) and Mohd. Osman Jailu (Changkat Jering), the Election Commission when notified would have to make arrangements to call for fresh elections.
Its revealed that the Election Commission has no inherent powers to decide whether a vacancy has occurred in a constituency and has no discretionary authority to override the notification of the Speaker of the Perak State Assembly declaring that the state seats of Changkat Jering and Behrang have fallen vacant following the resignations of the incumbents of these seats.
Election Commission Chairperson Tan Sri Abdul Aziz Mohd Yusof told a packed press conference at the commission's headquarters in Putrajaya at 1pm today that the it has decided that it does not have the power to invoke Article 36(5) of the Constitution of the State of Perak to establish that there are casual vacancies for both these constituencies since they have received formal letter from the respective Assemblymen that they are not resigning.
It seems that the Election Commission’s decision is ultra virus to the Constitution and seem to be taking instructions from the ruling UMNO-led Barisan Nasional government, who were the main cause in this dispute by offering monetary handouts and promising no court action would be instituted if they crossover to the Barisan Nasional.
The HRH Sultan of Perak should allow the current State government to be DISSOLVED and a fresh elections be conducted to overcome this predicament.
news n pictures courtesy of Malaysiakini, Aliran & Agendadaily
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