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.
#1 by shamshul anuar on Wednesday, 4 February 2009 - 1:55 pm
Dear Homeblogger,
Many people in this forum judge people base on political affiliation, not the act.
As Imranj78 said, Anwar got the taste of his own medicine. He really deserves it. He went on and on about Sept 16,2008 ignoring the truth that rakyah had spoken. They chose to give Pr 5 states but felt that BN stll rules Malaysia.
Why panic now about PKR ADUN leaving PKR. Anwar forgets that a knife can cut both way. He engineered all this rubbish and now it backfires.
I have no respect on politicians who switch side when they were chosen to represent opposite political affiliation. As for BN, it should now realize that what used to be its weapon 20 years ago will haunt it later.
As for Anwar, he has no credibility whatsoever. Now, you know how painful is the medicine, courtesy of your own greed . You are making fool of yourselves.
You may not want to hear this. Every Perak Malay whom I met is angry at Nizar. They feel betrayed( and indeed they are).
As for Jeffrey, stop justifying this nonsense.
#2 by Jeffrey on Wednesday, 4 February 2009 - 1:58 pm
“So far the score is PR 1 BN 3. Is Anwar really the king of frogs or should the title go to Najib who is the UMNO head for Perak ?” – Godfather.
So if the other side BN is corrupt by a measure of 3, it is ok for PR to be corrupt on a measure of 1 since the title pf Corrupt King still goes to BN – is that how you argue?
#3 by frankyapp on Wednesday, 4 February 2009 - 2:07 pm
Football game is great when the umpire is a just and fair.The perak game is simply not fair as the umno appointed umpire judgement was based on umno boleh,tak umno tak boleh.This is true as I remembered the PBS Sabah case .The undated signed letter of resignation was considered okay by the then appointed umno or umpire ie EC but in this case cos it’s soothed them umno,it’s tak boleh. Well guys this is AAB’s boleh dream land.These two ybs should they have accepted the 50 million ,gone missing or hiding should be man enough to come out,meet the voters,tell the truth or else be executed.
#4 by monsterball on Wednesday, 4 February 2009 - 2:12 pm
Frog or slimedog..it is Najib..and not Anwar. DAP gave EC 48 hours to withdraw it’s useless….powerless decision.
If EC wants to play politics to please…. slimedog Najib…he will get to know….who will have the actual… final say..in Perak.
Out of respect for the Mr.Speaker….DAP defended his decision…as the said Mr. Speaker have the authority to declare by-elections..based on the copies of resignations letters he received…and based on commonsense…..he decided the right thing. The Mr.Speaker…is like the Head of all parliamentarians in the lawful house..
EC..is just a paid salary civil servant….and may have some power…ONLY when election is on….and he can make some decisions. Not before an election.
EC have no business to interfere at all.
But in Malaysia…as long as it sounds good to UMNO…that’s most important…law or unlawful….not important.
The State is still managed by DAP.
Lets wait another 24 hiours.
#5 by Jeffrey on Wednesday, 4 February 2009 - 2:16 pm
The rationale that is hard to fathom is this.
BN is a given quantity : known to play foul, and must be diplaced for that reason.
Here comes new kid in the block (PR) who points an accusing finger at BN and cry foul and ask others to help in removing the BN noted for foul play. By so doing PR is staking a claim to supporters that it is a good alternative precisely because it does not play foul.
Then comes Godfather, the spokeman for the new kid who says that in the interest of removing the “foul” team on an unlevel playing field it is ok for PR to also play foul by kicking the other side in the b@lls when the referee is not looking and this foul can get away with it.
When you present yourself as a viable alternative to
the side that plays foul – on a claim that you are different – and yet you commit the same foul act in order to win, then you are hypocrite most foul and you expect us to support a hypocrite???
I guess you choose the handle/nick “Godfather” because you admire the Sicilian MAFIA’s principles of Michael Corleone, but we’re not gangsters, and you should not pose a lawman as well!
#6 by bennylohstocks on Wednesday, 4 February 2009 - 2:31 pm
SO WE ARE BEING MADE FOOLS
#7 by Jeffrey on Wednesday, 4 February 2009 - 2:40 pm
YB,
I argued like hell via several postings in earlier thread – “RM7 billion national economic stimulus package or RM7 billion BN economic stimulus package?” – on why MB Nizar, should, when he met the Sultan, ask for dissolution of state assembly instead of mucking around according to your Ngeh/Ngah’s advice to have 2 by elections….I know time is of the essence even if Godfather abused me for talking nonsense….
You would have known by now that PR’s cause in Perak is 99% lost because of this senseless delay.
Malaysiakini reports (Feb 4, 09 12:12pm) reports, “Perak Menteri Besar Mohd Nizar Jamaluddin is expected to have an audience with the sultan to seek the dissolution of the state assembly…If the sultan accedes to the request, a snap state election will have to be called in view of the current political upheaval in Perak…
Isn’t this a little too late? I am sure he is unsuccessful even until now as otherwise it would be breaking news.
People won’t spend millions to procure crossovers if there were grander scheme to make a quick kill of PR in Perak though supporters like Godfather still [then] thought there’s a lot of time in the world to consider options …
Malaysiakini also reports “Deputy Prime Minister Najib Abdul Razak is calling a press conference at 4pm in Putrajaya. It is speculated that he may talk about the possible takeover of Perak government.”
I think the PR’s cause is almost as good as lost at this point unless an audience with HRH the Sultan could be obtained….
I am sorry – really sorry -that it turns out this way.
#8 by Jeffrey on Wednesday, 4 February 2009 - 2:43 pm
Sorry typo omission rectified in bold “….People won’t spend millions to procure crossovers if there were NOT A grander scheme IN PLACE to make a quick kill of PR in Perak…”
#9 by sean on Wednesday, 4 February 2009 - 2:52 pm
Just my 2 cents worth…..
since we may have 3 independents…then all other remaining PR assemblyman/woman should also becomes independents.That way they still becomes the majority right.
Again…my two cents worth…..
#10 by OrangRojak on Wednesday, 4 February 2009 - 3:08 pm
I am surprised there are not more independents in Malaysian elections. I imagine the inducements to join a coalition in a tied result could be marvellous. With no worthwhile media to cry foul or portray the expensive independent as a prostitute for life, where is the risk?
#11 by bentoh on Wednesday, 4 February 2009 - 3:39 pm
I think the party should really learn that it should not have endorsed its ally, PKR, in playing frog plays…
DAP is the biggest loser in this debacle, especially when rumor has it that 2 more kataks from DAP are moving…
I’m sorry to see this happening… but the party has to pay the price to learn, and to advance…
#12 by Jeffrey on Wednesday, 4 February 2009 - 3:51 pm
Come to think of it, they don’t even need to go through the procedures and motions of vote of no confidence in Perak State Assembly raised by Onlooker Politics.
All Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu – and the 3rd, 4th and 5th new defectors have done is to sign a declaration along with the other 27 BN assembly men and with 32, they are majority of 5 over PR’s 27.
They could then see HRM the Ruler to request a change of MB and formation of new BN Perak state govt.
According to malaysiakini, “it appears that the sultan will go for the second option by allowing a transfer of power without a snap poll”, and Najib will be calling a press conference at 4pm in Putrajaya. (It is speculated that he may announced the possible takeover of the state government).
Your DAP Aduns listen too much to legal advice of certain people : Law cannot work when politics work faster. Are these certain people trying to make money from legal cases, not caring for PR’s real interest or they are real political novice? You knmow who I am referring to…
And even then the law also is not that good for reasons that:
1. by Perak constitution, it is not Speaker but EC that decides on whether there will be by-elections pursuant to to casual vacancies from defections;
2. article 10(1)(c) Federal Constitution on Freedom of Association based on Federal Court authority1992 of Dewan Undangan Negeri Kelantan & Another v Nordin Salleh & Another) override.
You may be mis-advised. Even on legal issues.
If the transfer of power were really on – Not just in respect Perak but KEDAH as well – Najib has reasons to pat/congratulate himself & his advisers for this lightning fast blitzkerg, he has caught the entire PR, its strategists, Aduns and supporters sleeping, and now he has something really really “solid” to take to UMNO general assembly.
#13 by Loh on Wednesday, 4 February 2009 - 4:17 pm
Yes, Najib can win Perak state and it is now fair game for federal government to change hand. Someody from UMNO other than Najib can work with Pakatan to gain a majority in the parliament and become the new PM when Najib is President of UMNO in March. Daydreaming?
#14 by Bobster on Wednesday, 4 February 2009 - 4:32 pm
Before claiming DSAI to be king of frog, do check out the history of this country, how many have hopped to BN due to hanky panky behind the scene. In fact Party Gerakan itself is a frog team after 1969.
Wonder how many laughing to the bank including some in the a*** in forum.
#15 by Taxidriver on Wednesday, 4 February 2009 - 5:37 pm
undergrad2,
Are you insinuating that I deserve something better than just being a taxi driver? Thanks for the compliment, sir.
#16 by Godfather on Wednesday, 4 February 2009 - 6:57 pm
Jeffrey:
Where in my postings on this thread have I ever said that PR has all the time in the world to consider options ?
I have said all along that it is daft to even give the EC 48 hours to change its mind. There was always only one option, which is to have state-wide elections, something that Najib will try to avoid. He who hesitates when playing poker does not have a winning hand.
#17 by undergrad2 on Wednesday, 4 February 2009 - 7:58 pm
Taxidriver Says:
Today at 17: 37.24 (2 hours ago)
undergrad2,
Are you insinuating that I deserve something better than just being a taxi driver? Thanks for the compliment, sir.”
I do think that you ought to be driving the taxi driver. Not be him.
#18 by Jeffrey on Thursday, 5 February 2009 - 1:17 am
Godfather asked, “ Jeffrey: Where in my postings on this thread have I ever said that PR has all the time in the world to consider options ?”
Let me refresh your memory in blog thread:
First, when I suggested that PR/Nizar should go for snap state election of all 59 constituencies instead of 2 by elections, as time is crucial, you said in posting of February 3rd, 2009 (2 days ago) at 09: 25.38 “Stop talking nonsense, counselor” and followed up with the subsequent posting on February 3rd, 2009 (2 days ago) at 11: 20.52 in which you said, and I quote what you said:
“Is the EC the final arbiter of the validity of a document ? This will have to be decided by the courts and even on an expedited basis how long will the courts take to decide based on appeals and counter-appeals ? Months ? furthermore, even if BN goes to the Sultan and declare that it has a majority of one and that it should be allowed to form the next state government, the Sultan can still disagree and instead declare that fresh elections are needed. Irrespective of whether the Sultan has this right, do you think BN will go against the Sultan’s wishes ?
Yes, we have time, and BN is going to blink on this one.”
I draw your attention in particular to the last sentence, “Yes, we have time, and BN is going to blink on this one.”
Now do we have time? And who is doing the blinking?
#19 by Jeffrey on Thursday, 5 February 2009 - 1:24 am
The blog thread I was talking about in “Let me refresh your memory in blog thread:” is the preceding one on “RM7 billion national economic stimulus package or RM7 billion BN economic stimulus package?”
#20 by Jeffrey on Thursday, 5 February 2009 - 6:07 am
Godfather, I forgot, your remarks – “stop talking nonsense, counselor. If the undated resignations are found by a court to be invalid, then all that PR should do is to call for snap elections” per your posting February 3rd, 2009 (2 days ago) at 09: 25.38 under blog thread “RM7 billion national economic stimulus package or RM7 billion BN economic stimulus package?” – suggest that the legal issues on undated resignations be exhausted in court first – which takes time – and only after that if necessary, call for snap election.
This was repeated in your subsequent posting February 3rd, 2009 (2 days ago) at 12: 25.59 same thread in which you, and I quote: “If the pre-signed letters are deemed to be invalid – through the court process as many of us don’t have much faith in the EC – then I would suggest that the ruling state governments in Selangor and Perak (and perhaps even Kedah) immediately declare snap elections and this time around be more selective in the choice of candidates”.
Everyone knows how long is court process. It takes the fastest, months, and the longest, years.
Your advice (just like Perak DAP’s Ngeh/Ngah) that the pre-signed letters be subject to court process and adjudication of being invalid first – before resorting to snap elections – definitely assumes that PR had the luxury of time, and downplayed the urgency on its part to call a snap election, at PR’s peril!