EC – what moral right has it to propose law changes to deal with “unnecessary by-elections”?


The Election Commission and Barisan Nasional leaders are talking about “unnecessary by-elections” and even to amend laws to prevent them because the Barisan Nasional is on a losing streak after the March 8 general election “political tsunami” last year.

If the Barisan Nasional had won all the five by-elections held since the general elections last year, and is on a winning streak, neither the Election Commission nor the Barisan Nasional leaders hogging the media now about “unnecessary by-elections” would have uttered a single word!

I find it shocking that the Election Commission Chairman Tan Sri Abdul Aziz Mohd has told Sin Chew Daily that the Election Commission is very serious about silly proposals to amend current elections laws to impose monetary penalty of RM100,000 or higher to prevent such “unnecessary by-elections” except in cases of death, illness or other conditions causing MPs or Assemblymen to be unfit to perform their duties.

Abdul Aziz should focus the energies of the Election Commission on reforms of election laws and the electoral system to eradicate the loopholes and blemishes which have marred the holding of free, fair, clean and democratic elections instead of dancing to the tune of Barisan Nasional leaders who are afraid of contesting in the Penanti by-election.

If the Election Commission wants to pass judgments on whether elected representatives should resign or not for by-elections to be held, let Abdul Aziz state his stand on the two following cases:

  1. Whether he agrees with the conduct of the three Perak State Assembly persons who have not dared to return to the 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.

    Does Abdul Aziz agree that these three Perak Assembly members, Jelapang assemblywoman Hee Yit Foong, Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu should resign to cause by-elections to be held to return the mandate to the voters when they even dare not walk their constituencies let alone serve their constituents?

  2. The Barisan Nasional MP for Kulai, Datuk Seri Ong Ka Ting has clearly lost “heart” and interest to continue as the MP for the area after the MCA’s thrashing in the March general election political tsunami last year.

    This is why he is not to seen in the constituency or heard in Parliament after giving up his position as MCA President. Does the Election Commission agree that if Ka Ting wants to resign as Kulai MP, it is most proper that a by-election be held so as not to continue to deny the Kulai voters effective parliamentary representation?

If Abdul Aziz is not prepared to give his stand on these cases, what moral right has he and the Election Commission to pass judgment as to whether the Penanti by-election is “unnecessary” or otherwise?

  1. #1 by taiking on Wednesday, 22 April 2009 - 1:01 pm

    Real reason for the whole thing I guess is this: Umno has set aside a gigantic shopping budget (part of the stimulus money?). They would be out soon looking for frogs to buy and they do not pakatan to frustrate their buying spree which they fear pakatan could easily achieve by compelling the resignation of buy-able frogs.

  2. #2 by k1980 on Wednesday, 22 April 2009 - 1:03 pm

    Just as he armed forces of a country comprises the army, navy and air force, so the armed forces of unmo consists of the EC, judiciary and police. Nothing wrong with that…

  3. #3 by taiking on Wednesday, 22 April 2009 - 1:07 pm

    Wot those idiots are proposing has everything to do with self presevation which no doubt is driven by power madness and pure greed. It has no relationship whatsoever with the greater interest of the nation and the people. I condemn the proposal.

  4. #4 by jeffrey1957 on Wednesday, 22 April 2009 - 1:41 pm

    Well it is anyone’s guess what these sore losers are up to. This is what we call 1Malaysia, Malaysia Boleh and whatever names so loudly and proudly proclaimed!
    Only fools cannot see through what is going through their minds. Only corrupted fools cannot comprehend what their intentions are.
    Honestly, the rakyat is fed-up with all the gimmicks played by BN. They have lost the trusts of all Malaysians.
    When will we finally see justice , good governance and fairness prevail??

    I am really sad for the country.

  5. #5 by All For The Road on Wednesday, 22 April 2009 - 1:50 pm

    The Election Commission (EC) is obviously seen by a big majority of Malaysians that it is not an independent body, very partisan to the BN and its officials are devoid of any meaningful and practical ideas. The EC remains a dutiful stooge of the present ruling government and is inept in carrying out its work impartially. The only solution is for Pakatan Rakyat to take over the government in the next General Elections to totally revamp the EC and put in officials who are truly independent!

  6. #6 by yhsiew on Wednesday, 22 April 2009 - 1:54 pm

    ‘Unqualified’ representatives such as Jelapang assemblywoman Hee Yit Foong, Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and MP for Kulai Datuk Seri Ong Ka Ting should have resigned long time ago. These people are only interested in the pursuit of money and power for self gain. They certainly do not have the rakyat’s interest at heart.

    Voters should beware of what kind of people they had voted in and must not repeat the same mistake in the 13th GE.

  7. #7 by k1980 on Wednesday, 22 April 2009 - 2:11 pm

    American debriefing techniques for captured terrorists include waterboarding, which simulates drowning and keeping detainees naked, in painful standing positions and in cold cells for long periods of time.

    Other techniques including depriving them of solid food, slapping, sleep deprivation and putting dogs and stinging insects into their confined cells.

    The 3 froggies above were not subjected to such torture and yet they chose to switch sides. The only technique used was the filling up of their pockets with $$$.

  8. #8 by jeffrey1957 on Wednesday, 22 April 2009 - 2:12 pm

    Jelapang assemblywoman name should never be mentioned ..she is a disgrace to all Malaysians . So goes for the other 2.
    They should offer their resignation. What say you Abdul Aziz Mohd ?? Why the silence for these 3 idiots.

  9. #9 by frankyapp on Wednesday, 22 April 2009 - 2:21 pm

    The only moral right these guys in EC have is to show loyal obediance to their master NR/Umno .

  10. #10 by MyPeoplePower on Wednesday, 22 April 2009 - 2:40 pm

    The Election Commission Chairman is just eating SHIT every day. Therefore, don’t be surprise he will come out will that silly proposal!

  11. #11 by yhsiew on Wednesday, 22 April 2009 - 2:48 pm

  12. #12 by monsterball on Wednesday, 22 April 2009 - 3:04 pm

    The laws of the jungle are so obvious with UMNO members playing the tom tom drums…signaling..speaking out to their wisemen…to put out one sided legal interpretations…..to fool Malaysians.
    This is never ending…as long as Naif Ton Raza is in desperate situation.

  13. #13 by k1980 on Wednesday, 22 April 2009 - 3:14 pm

    Spare the rod and spoil the whole school by having thugs as students

    The office of a secondary school in Shah Alam was set ablaze early on Monday by four masked people, believed to be students of the school.

    In the 4am incident, the four overpowered two security guards and tied them up before going up to the first floor office.

  14. #14 by cintanegara on Wednesday, 22 April 2009 - 3:59 pm

    Good news indeed ….. The Election Commission should also consider amending the current election laws so that no one is allowed to vacant a seat (without solid reason) for someone else to contest (i.e Permatang pauh)……Otherwise, DAP might think of putting Kota Laksamana (Betty Chew) as a candidate to contest in Penanti…. She might be wanting to spend more time with his hubby in Penang…. It’s family first for DAP, right?

  15. #15 by Loh on Wednesday, 22 April 2009 - 4:27 pm

    It is simpler to amend the constitution to say that only when UMNO gains the majority seats would the election results be acceptable.

  16. #16 by Loh on Wednesday, 22 April 2009 - 5:14 pm

    Sorry off-topic.

    The crooked bridge: http://chedet.co.cc/chedetblog/2009/04/the-crooked-bridge.html#more

    ///1. The Star reported that Chinese businessmen in Johor Baru want the Crooked Bridge to be built.///–TDM

    The view of businessmen in Johor Baru is receiving attention when it supported TDM. Why the emphasis on the race of the businessmen when a view is expressed. Has the race become useful now that it somehow agrees with TDM. Surely the Star did not report the view of those who opposed to the crooked bridge. The brain of those businessmen who agreed with TDM would need examination. It is acceptable that people wanted easy access to Singapore but it is quite a different matter that that access should come through the crooked bridge. There can be other means to solve the problem, and it need not have to challenge the authority of another sovereign state, and to go to war just to show that Malaysia is larger than Singapore. TDM said that he would agree if Malaysia was afraid of USA but not Singapore. He implied that he was afraid of the strong and would bully the weak, and he considered Singapore weak in military sense. The person has ruined the country more in moulding the mindset of the people TDM said that he was associated with, more for the convenient to gain political power than to nurtured the pride of the people. The late Tun Dr Ismail said that Malays would willingly forgo the provision of Article 153 in the constitution when they no longer require the assistance, out of pride. But TDM insisted that 50 years after independence Malays were still weak. Clearly TDM was happy to prove that Malays were weak so that he could still be Malay champion though we know that he was an Indian before 1957 constitution provided him the convenience to claim championship.

    ///2. Newspapers of April 15 reports on an UMNO Youth leader in Johor Baru requesting that the bridge be built for various reasons.///–TDM

    It would now appear that the view of an state UMNO youth is worth mentioning when the view of a former President of UMNO has to be wrong simply because it was from AAB.

    ///3. When the previous Prime Minister stated that the people of Johore did not want the crooked bridge or any bridge, no one said anything, much less protest.///—TDM

    When TDM thought it proper to use the Chinese newspaper to support his view, AAB too should have the right to quote views of others though he did not mention the source. The method is the same. So there is no way to conclude whether the majority of the people of Johor wanted the crooked bridge if they were offered a choice on the best means to cross over to Singapore. It may be a given that people in Johor wanted a better access to Singapore but it needs not be through the crooked bridge.

    ///4. Is it because no one in Johore at that time really wanted the bridge, or is it that no one dared to differ from the open-minded and liberal ex-PM or the Press did not dare to report the real opinions of the people.///–TDM

    It was safe to say that the people of Johor wanted a bridge, or even the same cause way to be made more convenient; but it needed not be a crooked bridge. TDM did not ask the people of Johor whether they wanted the crooked bridge, through a referendum. So AAB did not have to conduct a referendum to find out whether the people did not want it. He just stopped the crooked bridge just like TDM started it, with the authority of a PM. If the PM was that powerful when his own opinion represents that of the people of the country or areas of his choice, whether in Johor or elsewhere, what could be wrongly practised by TDM can equally wrongly be practised by AAB. Pot should not call kettle black.

    ///5. There was for a very short while complaints regarding the Custom, Immigration and Quarantine complex. No one explained that the inconvenience was due to the complex being designed to complement the proposed bridge but when the bridge was cancelled a temporary road was built to join the complex with the causeway. This caused a misfit as the two could not be properly linked together. Hence the inconvenience. In addition the traffic problems near the causeway remained unsolved.///—TDM

    The CIQ complex should not have been started before agreement with Singapore had been sought to construct a bridge. That was cart before the horse. AAB was wise not to have started a war with Singapore, and he stopped the crooked bridge. The CIQ complex was a problem planted by TDM and he is now using it as an excuse that because of the complex the crooked bridge ought to be built. It is like buying a pair of shoes too small to fit the feet, then the feet should be trimmed down to fit the shoes. That is TDM logic and only those “who eat excrement to shit rice” would accept and support his view.

    ///6. Does the Government need to ask Singapore for permission to build the now desirable crooked bridge? Is Malaysia free to do things in its own territory? Are we really independent? I wonder. ///–TDM

    If the PM agrees to continue with building a crooked bridge, then we know in whose pocket he is in.

  17. #17 by Loh on Wednesday, 22 April 2009 - 5:18 pm

    It might be easier to amend the constitution to say that in all by-elections BN government wins, irrespective of results.

  18. #18 by Bobster on Wednesday, 22 April 2009 - 5:22 pm

    In the first place they ie Election Commission should consider amend the law to stop frog culture with immediate effect to prevent similar mess as in Perak. Unfortunately these cronies will never do that as this law will prevent money politics from their own.

    What we Malaysians see now is there will be more money politics in the coming days as money can buy anything now in this country, from Member of Parliment from the oppositions, voters, nominated MP before elections etc etc you name it you got it.

    Shameless scumbeg thinking Rakyat Malaysia are bunch of id**ts.

  19. #19 by kisfiu on Wednesday, 22 April 2009 - 5:44 pm

    Dearest YB Lim,
    The time has come for a new set of election rules and laws and I hope that if and when PR comes into power, they will have the guts to overhaul them. Here is my humble proposal …
    In any election, the candidates put up are mainly the decisions of the Party that he or she belongs to. The voters has no say at all as to who should be the candidate. So when he wins, it doesn’t mean that the voters voted for ‘him’. It’s actually the case of the voters voted for the Party (BN or Opposition). That being the case, that seat should belong to the party and not the individual. If a person resigns from the Party, he should not be able to take along the seat to the other side or just be an ‘independent’. If he is unable to take the seat along, the status quo will always remain the same. Another words, the Ahli Parlimen or Ahli DUN can go (for all we care) but the seat remains with the Party and they can get another member from the Party to take over. Thus there’ll be no bye-elections at all. The only bye-elections will be when the member died. The same goes for an independent candidate who have won. What do you think ?

  20. #20 by alberttye on Wednesday, 22 April 2009 - 8:43 pm

    Oh my god, how can we have such an EC which has no qualms to follow the Umnoputras footsteps ?

  21. #21 by Ramesh Laxman on Wednesday, 22 April 2009 - 8:58 pm

    This is the thin end of the wedge. And was used in many third world countries.In those examples once this distaste is in place the sledge hammer is be used to make General Elections unneccessary. YB Lim, the future of children is in your hands.You and your colleagues with the help of the new PM must ensure that you are ahead of the curve and nib this event, which has all the potential of becoming a trend, in the bud .

  22. #22 by lopez on Wednesday, 22 April 2009 - 9:02 pm

    he is advocating that there should be an Election MINISTRY
    so he can be the first seat warmer and offer his full allegiance to the ruling coalition.

    when retires he is not just somebody to be rememebered, perhaps not very dissimilar to hee haw

    he should stay out or join the sunset clubs else …wake up and service the people in the capacity and powers entrusted upon the position…not his ego and his personal allegiance and preference.

  23. #23 by Ramesh Laxman on Wednesday, 22 April 2009 - 9:04 pm

    Mr. Loh, Re crooked bridge. I think that a better idea would be to lift all tolls on the Second Link and you will see that traffic on the First Link will be reduced to trickle.

  24. #24 by StevePCH on Wednesday, 22 April 2009 - 10:36 pm

    cintanegara , you need to get your facts right. if Betty were to quit Kota Laksamana, she would not be eligible to stand at Penanti , she would have also miss the next GE because she will be banned from contesting for the next five years.

    Most of the by elections that happened so far are not just for fun. Bkt Gantang / KT / Btg Ai happened due to the passing of incumbent. Bkt Selambau was due to threat directed to a rep holding state exco seat.

    Permatang Pauh is to allow a Opposition Leader designate take his rightful place in Parliament.

    Will you vacate an exco position for fun ?

    If the opposite scenario happened to BN, are you just going to sulk or shout ?

    As a Perakian, if a by election is to happen, I will definately practice my responsibility to vote. Be it for Bn or PR. The current illegitimate government does not command the mandate from Perakian. As the days passed, frustrations turned into hatred. Whether you like it or not, I really think BN will lose badly come the next election because of the chaos they had created in Perak.

    Even among my hardcore UMNO friends, they could not understand why BN is usurping the government through backdoor.
    Day by day … BeeEnd is turning into D/End … dead end.

  25. #25 by Bigjoe on Thursday, 23 April 2009 - 9:53 am

    Such suggestions are the working of idiotic minds that think they are not. We have literally stupid people as politicians but their co-conspirators of appointed positions are EVEN worst. These are not serious intelligent minds that understand the consequences.

    The spate of resignation is a reflections of what has been going wrong in the system for a long long time. PR got into the current place UNEXPECTEDLY. It was not prepared for the challenges and hence problems are going to arise including resignation, defections and bungles. BN has been ruling for 50 years and its still happens (look at Terengganu!). Why is the opposition so unprepared and full of problems? Because over the years, BN systematic undermining of opposition actually when its very core. We are lucky we still have a decent opposition that can mound an alternative at all and such teething problems are nothing in comparisons. If anything blame ourselves for not insisting and show more outrage that the BN removed checks and balance, and a real alternative govt. Not showing outraged at such suggestion would only compound our historical sin of lack of outrage at the BN in the first place…

  26. #26 by james111 on Thursday, 23 April 2009 - 12:40 pm

    Isn’t this penalty RM100k proposal by Kedah Gerakan Youth Chief Tan Keng Liang? I think you issue a statement to hit out at this crazy gerakan youth chief……

    As AMK deputy chief already said, this proposal by the gerakan youth kedah idak masuk akal.

    http://www.suarakeadilan.com/sk/berita-utama/2009/04/4408

    Even MB Kedah pun hit out hard at him already.
    See utusan yesterday

    http://www.utusan.com.my/utusan/info.asp?y=2009&dt=0422&pub=utusan_malaysia&sec=Politik&pg=po_bb.htm&arc=hive

    Finish off this Youth Chief!!!! I support you Lim Kit Siang

  27. #27 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

  28. #28 by Rebeccapersian on Saturday, 25 April 2009 - 5:44 pm

    this is an extract of a report by an independent journalist which shows that the Election Commission is just PRO BN! If you support this report, please cut and paste on every group in Facebook. Thank you.

    “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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