Why there should be by-elections for Jelapang, Behrang and Changkat Jering (Perak) and Kulai (Parliament)


When it was reported in the press this morning that Kedah Gerakan Youth had proposed amendments to the current elections laws, imposing monetary penalty of RM50,000 for state assemblymen and RM100,000 for MPs who resigned except in cases of death, illness or other conditions causing them unfit to perform their duties, I dismissed it as another example of scatterbrained ideas from those competing as to who could come out with more stupid suggestions.

However Bernama reported midday that the Deputy Minister for International Trade and Industry, Datuk Mukhriz Mahathir is also making the same proposal, saying that the Election Commission should fine state assemblymen or Member of Parliament who resign without just cause or valid reason.

Mukriz said the resignation of assemblymen and MPs has become a trend among the opposition, “apparently to continuously hog the limelight”.

Apparently, Mukriz and Kedah Gerakan Youth belong to a substantial group in the Barisan Nasional quite lacking in grey matters as to have such silly ideas – imagine Opposition MPs or Assemblymen resigning just to “hog the limelight” when his father, Dr. Mahathir Mohamad had amended the Constitution in 1990 to bar anyone who resigns as MP or State Assembly member from the right to stand for re-election for five years!

In Perak, there are three state assembly members who have not dared to return to their constituencies for close to three months because they had betrayed the trust of the electorate when they defected from their respective parties to effect the unethical, undemocratic, illegal and unconstitutional power grab in Perak, creating an ongoing political and constitutional scandal of two Perak Mentris Besar, two State Assembly secretaries and the Ipoh Democracy Tree.

When these three Perak Assembly members, Jelapang assemblywoman Hee Yit Foong, Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu dare not walk their constituencies let alone serve their constituents, aren’t these sufficient grounds to require them to resign to return the mandate to the voters instead of just “hogging” their seats?

I was in Kulai on Saturday night to attend a thousand-people DAP Branch dinner, and was told that the Barisan Nasional MP for Kulai, Datuk Seri Ong Ka Ting had clearly no “heart” and interest to continue as the MP for the area, which was why he is not seen in the constituency or heard in Parliament after giving up his position as MCA President following the MCA debacle in the “political tsunami” in last year’s general election.

In such circumstances, isn’t it best for the Kulai voters and the country that Ong Ka Ting resign and that a by-election held to elect the new MP for Kulai?

There can be no good reason why the three Perak assembly “frogs” or Ka Ting should be prevented by law from resigning as this would be tantamount to denying and depriving the people in these four constituencies proper representation in Parliament or State Assembly.

  1. #1 by madmix on Tuesday, 21 April 2009 - 5:28 pm

    BN politicians are saying no rep should resign for frivolous reasons. On the other hand they are asking Elizabeth Wong to resign. If Liz Wong resigns, isn’t that for frivolous reasons?

  2. #2 by Tonberry on Tuesday, 21 April 2009 - 6:00 pm

    We should enact anti-hopping law first before talking of resignations..

  3. #3 by thguan on Tuesday, 21 April 2009 - 6:00 pm

    For those YBs that has already betrayed the rakyat that elected them in the first place, also for those has no more heart to serve their constituents, why still keep them & wasting our money, they should go & fly kite.

    Only Loser is afraid of by-election.

  4. #4 by taiking on Tuesday, 21 April 2009 - 6:03 pm

    Didnt the sultan of selangor condemn the earlier revelation of elizabeth’s pics and said that such pics should never have been released. This new batch of pics released is therefore made against the sultan’s expressed disapproval isnt it? Now who did it? He is being disrespectful of the sultan. Helmi is not around. Does it mean someone else is behind this and the earlier release as well. I am not pointing finger but I would draw a long list for elimination and would include for a start those who have in the recent past make obviously unsustainable allegations: for example the mosque speaker incident.

  5. #5 by thguan on Tuesday, 21 April 2009 - 6:11 pm

    Tonberry Says:

    We should enact anti-hopping law first before talking of resignations..

    BN will never initiate the enforecement of the anti-hopping law because what they have is the money that to able to lure the opposition members cross over, like what happened to the three idiots in Perak.

  6. #6 by taiking on Tuesday, 21 April 2009 - 6:18 pm

    Look here stupid.

    ISA is good aint it? OSA is good aint it? Printing Presses Act is good aint it? Forbiding resignation of MPs is good aint it? All these and many more are good because you idiots are enforcing them and therefore you idiots have the opportunity to misuse / abuse them. So they must be good for your purposes are they not?

    Remember. What goes around will come around. Can you be sure that the MV UMNO is built to last in perpetuity? You would be foolish to think that it was so built for it can never be. Not event with the best of german and japanese technology. So be kind. Be reasonable. Be sensible. Be fair. For then should things turned the other way, you too would be treated likewise – kindly, reasonably, sensibly and fairly.

    So wake up you idiots. Wake up.

  7. #7 by voice on Tuesday, 21 April 2009 - 6:30 pm

    hmm chengho and cintanegara havent comment on this post yet? their comments have become my favourites after reading YB Kit’s postings, it’s fun and I can see how ridiculous they are from the comments, entertaining yet I have the chance to bash them from here.
    I’ll miss them if they vanished one day.

  8. #8 by All For The Road on Tuesday, 21 April 2009 - 6:31 pm

    Why all the hoo-ha about by-elections from many quarters especially from the BN? Is there no such a by-election law if there is a vacancy to be filled for whatever reasons. There is freedom of choice. Just because you can’t win in a by-election, you say it’s a waste of time and money to contest it. If you don’t see the need to contest , so be it. Others can join in the fray! This is parliamentary democracy!

  9. #9 by OrangRojak on Tuesday, 21 April 2009 - 7:46 pm

    Wasn’t the Freedom of Association right enshrined in the Constitution made much of when the Ipoh Hoppers defected? Wouldn’t forcing someone to stay in an elected position be against that Right? As for just cause and valid reason, what better reason is there than “I now believe someone else can do a better job than I can”? Besides being dead, obviously.

  10. #10 by ALLAN THAM on Tuesday, 21 April 2009 - 8:02 pm

    Jelapang has underestimate the force behind the 308. She was commented just before Bk Gantang by election that she did not understand why people so angry with her by realigned herself while they are no problem with other who jump ship. so she has known very well she has make a serious political decision and she taught since every body can shift camp and why not her.

    since she has realized by know by now she could never perform her duties as majority of the Jelapang voters has deserted her even hate her so much, the only logical step to take is for her to resign and let Jelapang people to decide another representative.

    She could never be able to perform her duty now. For what reason she should take the courage to admit her mistake by resigning. That is the only choice she has to redeemed herself otherwise her name will be tainted forever.

  11. #11 by JasonLee on Tuesday, 21 April 2009 - 9:18 pm

    Penanti by election is not justify according to BN ?
    What about Changkat Jering, Behrang dan Jelapang ?
    BN should be more sincere as a goverment !

  12. #12 by HJ Angus on Tuesday, 21 April 2009 - 10:45 pm

    They are simply desperate and desperate people do not think very well.
    Yes the ban for 5 years after resignation is enough deterrence and as someone said, we should also enact the anti-hopping law as we don’t need frogs or kangaroos in elected bodies.
    I would also suggest that the law can be changed so that if a person resigns, the party he belongs to can nominate a replacement and this will save some election costs.
    After all, elections are held at almost 4-year intervals.
    For death, a by-election will be held.

  13. #13 by assamlaksa on Tuesday, 21 April 2009 - 10:55 pm

    i think there is a typo, it is not “by-election” but “buy-election” and the price is higher and higher with inflation caused by the increase in petrol price last year. (Although petrol price had dropped, the price of other necessities remains high) isn’t it recently reported that the recent “buy-elections” costs too much money?

    But come to think of it, it is where those money are spent.

    I would believe that the bulk of the money are spent locally which means stimulating the local businesses such as printing of leaflets, banners, manifestos, ballot paper etc, more overtime and allowances paid to election workers, more food and beverage sold, hotels are full, buses are hired to transport fanthom voters, petrol kiosk are busy again. Aren’t all these good to help to stimulate the dying economies? Not to be forgotten are the various projects promised during the campaign.

    Compare the above expenditures with the purchase of some submarines paid to a country far far away with price inflated with high commission paid to a single person.

  14. #14 by StevePCH on Tuesday, 21 April 2009 - 11:06 pm

    and now they are selling the Camrys.
    by election use money for a return of rights to voters. it’s never a waste.
    They are saying it’s a waste to justify that Perak should not have a state election.

    Useless Najis !!!

  15. #15 by Onlooker Politics on Tuesday, 21 April 2009 - 11:47 pm

    I guess Jelapang must have been trained in an intensive course of “One Minute Lesson on how to become an effective State Assembly Acting Speaker for one day” in order for her to perform on 7 May 2009 as an apple polisher of Najib during the convene of the State Legislative Assembly of Perak?

    Jelapang’s first duty as an Acting Speaker of Perak State Assembly will be to permit tabling of motion of no confidence against the present Perak State Assembly Speaker V. Sivakumar. It is going to be the most disgusting kind of betrayal behaviour which is to be performed by the traitor of the vilest sin towards her once-upon-a-time a highly respectable comrade and now-turn-the-most-hated-enemy Perak Speaker V Sivakumar.

    If the Sultan can tolerate this kind of despicable treason behaviour that is to be performed by an Acting Speaker of Perak State Assembly, then what kind of moral suasion do the Sultan and Raja Nazrin still possess in order to encourage the Perakian people to always stay loyal to the ruler? The Sultan himself wilfully repeated the same mistake of disallowing disolution of the Perak State Legislative Assembly since His Highness already signed the approval for convene of Perak State Legislative Assembly on 7 May 2009, according to a news reported in Sin Chew Jit Poh on 21 April 2009.

    I wonder what kind of message the Barisan Nasional leaders are trying to send to the people by Zambry’s continuing to deploy the presentation of treason behaviour by Jelapang towards Perak Speaker V Sivakumar and towards Perak Menteri Besar Nizar. Does the treason plot of Barisan Nasional imply that the current leadership of Barisan Nasional deliberately endorse the despicable behaviour of treason among all the members of Barisan Nasional? With Najib’s relentless effort in trying to make a sabotage towards Pakatan Rakyat’s Perak State Government, is Najib himself not afraid of the possibility of opening up a moral floodgate which is to be strongly upheld in order to prevent the happening of moral deterioration and treason among the unhappy common Malaysian people?

    Is Najib not afraid of the People’s Revolution when the anger of people has been aroused and flared up to an uncontrollable level which will cause the violence to be used as the last resort by the anguish people in order to bring forth wrath towards Barisan Nasional’s injustice and unrighteousness?

    I can almost accurately count the number of days which Barisan Nasional can still be holding the power in Malaysia because nowadays the people’s moods are really predictable when the uncontrollable hatred towards Barisan Nasional has been precipitating and crystallizing.

  16. #16 by Taxidriver on Wednesday, 22 April 2009 - 12:03 am

    Typical UMNOputra mentality. When certain laws do not benefit them they quickly change them, giving all sorts of stupid reasons to justify their actions. One example is in1987 when Shahrir resigned as UMNO MP for Johor Bahru to force a by-election. He contested as an Independent candidate under the ‘KUNCI’ or KEY symbol and trounced his former party under Dr.Mahathir. Not long after they passed a new law barring any MP or State Assemblyman from contesting for 5 years from date of his resignation.

    Perhaps they have in mind the Permatang Pauh by-election which saw Wan Azizah’s resignation to make way for hubby Anwar who gave UMNO/BN a thrashing by winning with a big majority, hence, the proposal to have a new law passed forgetting, of course, that they no longer command a two-thirds majority in parliament.

    I think UMNO/BN’s concern about wastage of public funds is dishonest and void of sincerity. But assuming that I judged them wrongly, they can always choose to stay out of any by-election, thus saving money for the people. There is no need for them to pass new laws and offering their silly reasons. More likely, they are scared of losing.

    Najib should come up with new tricks and not using those same old Mahathir tricks again. Malaysians are much wiser now.

  17. #17 by Taxidriver on Wednesday, 22 April 2009 - 12:51 am

    Onlooker Politics,

    But isn’t is so that Zambry’s position as MB is illegitimate since it hasn’t been actually cleared by the Court? Zambry sued Sivakumar when he should have sued the Committee of Priviledges, thus rendering the decision by the 5 judges to lift his banning from the state assembly null and void. How is that they can convene the Assembly Meeting on 7 May? You know something that I didn’t know?

  18. #18 by yhsiew on Wednesday, 22 April 2009 - 1:12 am

    The time is ripe for the three Perak assembly ‘frogs’ to resign after all they have already got what they wanted – MONEY!

    50 million ringgit is no small sum. With this amount of money they can afford to buy a seaside bungalow and enjoy the tranquility of life there. They should not hog their seats since they have already got the money they wanted.

  19. #19 by frankyapp on Wednesday, 22 April 2009 - 2:41 am

    Yhsiew,what will happen when the perak three frogs stage a new sandiwara returning to their home of origin ?.

  20. #20 by Bigjoe on Wednesday, 22 April 2009 - 9:12 am

    Small boys should be taught properly the meaning of ‘big’ words. Fined for ‘just cause or valid reason’. Who can determine that for a state assemblymen? These are not thinking of serious intelligent men. They are thoughts of hacks and half-baked education in superficial.

    Shameful for Gerakan Youth to propose it. Goes to show how even non-bumis in this country are dumbing down because of our political and education system. The Ketuanan Melayu agenda truly has worked to make non-bumis stupid.. Its not a wonder why the likes of Ahmad Islmail and Mahadzhir Khalid they are so arrogant…

  21. #21 by StevePCH on Wednesday, 22 April 2009 - 9:26 am

    the acts of the 4 frogs are the same as committing treason to Perak citizen. They should be hang drawn and quartered …. haha … What about the 7+1 exco members ? It is mind boggling what is happening in BN as if the palace is under BN’s control. Is the sultan or the royal returning favors to BN ?

  22. #22 by Joshua Tan Kok Hauw on Wednesday, 22 April 2009 - 12:38 pm

    Do you all still remember Abu Hassan, former MB of Selangor?

    Before he was appointed as MB of Selangor he was a cabinet minister and MP. In order to make him the MB of Selangor, BN initiated two by elections to make Abu Hassan a SLAssemblyman and created another by election of Parliament.

    Why didn’t the leaders of BN complain it was a waste of money and time?.

    Since when BN has been so thrifty and considerate? What about all the white elephant projects BN initiated? Has BN been considerate towards the poor , the marginalised, the oppressed?
    Shit to BN, all they care are their own pockets.

    So, why are the leaders of BN afraid of by-elections now? My answer is they don’t want to be defeated and humiliated again and again.

  23. #23 by Onlooker Politics on Wednesday, 22 April 2009 - 2:40 pm

    “But isn’t is so that Zambry’s position as MB is illegitimate since it hasn’t been actually cleared by the Court?” (Taxidriver)

    Taxidriver,
    The question now is not whether Zambry’s position as MB is illegitimate or not. The key question here is that Perak Assembly Secretary Abdullah Antong Sabri had already issued a call notice for convene of Perak State Assembly meeting on 7 May 2009.

    When Zambry is given a chance to table a motion of no confidence against Perak Assembly Speaker V. Sivakumar on 7 May 2009, then Hee Yit Foong as the deputy speaker will be appointed as the Acting Speaker in order to chair the voting process.

    The previous suspension of Zambry and his six executive council members from attending the meeting of State Assembly has been declared by the Federal court as invalid since it is said that Perak Speaker has no power to suspend Zambry and his six EXCO members. Moreover, the Federal court will not recognize the meeting session held under the Democracy Tree as a valid convene of State Assembly meeting because the Assembly Secretary claimed that such a meeting had never been approved by the Sultan. The Perak State Constitution does require that the meeting of the Perak State Assembly be convened with the approval signature from the Sultan at the beginning of the meeting session once in each and every new year.

    For Pakatan Rakyat to continue putting check and hindrance on Barisan Nasional in relation to the latter’s ambitious attempt in power grab, I would suggest that Perak Speaker be smart and quick in acting wittedly at the beginning of 7 May 2009 meeting session by making a public announcement to the State Assembly that the Perak State Assembly Committee of Privileges already made a decision on 18 February 2009 to suspend Zambry and the other six from attending the meeting of Perak State Assembly and that Zambry and the other six should leave the Assembly meeting hall with immediate effect. That annoucement will legalise the suspension of Zambry and the other six until the decision is to be overturned again by the Federal Court. However, I am in big doubt that V. Sivakumar will be allowed to have access to the control of microphone speaker in the State Assembly hall on 7 May 2009. Most likely the mic speaker will be guarded by some police men who are euipped with machine guns and handcuffs on the spot.

    However, when such an announcement can really be made by a legitimate Perak Speaker in the valid meeting session of the State Assembly which has been granted approval by the Sultan for the convene of meeting, no one shall has the rights to question the validity of the announcement by the Perak Speaker again. As the concept of separation of powers has been clearly stated in Article 72 (1) of the Federal Constitution, which states: “The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.”

  24. #24 by Onlooker Politics on Wednesday, 22 April 2009 - 2:52 pm

    As the concept of separation of powers has been clearly stated in Article 72 (1) of the Federal Constitution, which states: “The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court,” therefore even the Federal Court itself will have to show respect to the Perak Speaker if the decison so made has already been made in accordance with the proper proceedings in the Legislative Assembly of Perak.

    Otherwise, we will have no choice but to live timidly with the existence of Kangaroo court or to call for a revolution!

  25. #25 by mauriyaII on Wednesday, 22 April 2009 - 4:25 pm

    Mukriz and Kedah Gerakan Youth belong to a substantial group in the Barisan Nasional quite lacking in grey matters as to have such silly ideas – imagine Opposition MPs or Assemblymen resigning just to “hog the limelight” when his father, Dr. Mahathir Mohamad had amended the Constitution in 1990 to bar anyone who resigns as MP or State Assembly member from the right to stand for re-election for five years!

    Well said, Mr. Lim. Those nincompoops are not as well informed as you are. They talk cock knowing well that whatever shit they spew will be reported and given prominence by the MSM.

    Where Mukhriz is concerned, his position in UMNO and in the cabinet is because of the underhand manoeuvre of his father, the evil mad man of Malaysian politics.

    Mukhriz and his brothers owe everything to their father. Without his influence and power they would be nothing in this very competitve world.

    Mukhriz should consult his old man before he opens his big mouth. If this is the type of scatter brain ideas he can come up with, it would be in his best interest and that of UMNO to shut his stupid gap.

    All these talk of penalising Aduns and MPs just shows how desparate UMNO/BN is because of the trashing they have been receiving. They know their losing streak is not going to stop. Even if the old goat does his usual sandiwara or even goes on his knees to beg for votes, the people have decided. UMNO/BN has to GO.

    Even spending RM31 million of the taxpayers’ money on their bully boys could not stop the slide. The voters today are not easily cheated.

    UMNO/BN and EC may try to hide from holding elections. That would also drive home the final nails in their coffins.

  26. #26 by Taxidriver on Wednesday, 22 April 2009 - 9:35 pm

    Onlooker Politics,

    Thank you for the explaination. I get the picture now.

    The whole idea is to get the 7 suspended members (including Zambry) to attend Assembly sitting to pass a ‘NO Confidence’ vote against Sivakumar. Once done, everything else will be smooth-sailing for them………oh my gawd!

  27. #27 by james111 on Thursday, 23 April 2009 - 3:13 pm

    YB Lim,
    Kedah Gerakan Youth chief is Tan Keng Liang. And this person really need to check what is the content in his head!

    The other dumb person is Mukhriz. Why go and support the idea?

    I agree 100% with your statement here.

  28. #28 by james111 on Saturday, 25 April 2009 - 12:53 pm

    Dear All,

    this is an extract of a report by an independent journalist which shows that the Election Commission is just PRO BN!

    “The same views have been echoed by no less than the Election Commission (EC). Plus, the EC has openly supported proposals by some BN leaders such as Datuk Seri Nazri Aziz, Datuk Mukhriz Mahathir and Tan Keng Liang to prevent “unnecessary” elections. These include suggestions for stricter laws, and penalties for elected reps or their parties should an elected representative resign for reasons other than what’s stated in Article 48(1) of the Federal Constitution.”

    http://www.thenutgraph.com.my/funding-democracy-the-bn-way

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