Opinion

Legal opinion on P.017 Padang Serai election – Azalina Othman Said

Election Commission can only appoint fresh date before polls commence, by early voting or on election day, according to regulations

Updated 3 years ago · Published on 17 Nov 2022 10:02AM

Legal opinion on P.017 Padang Serai election – Azalina Othman Said
In the case of P.017 Padang Serai, early voting had commenced on November 7 and 15, rendering the call for postponement of the general elections improbable and there is no legal provision for the nomination of new candidates after polling has begun. – The Vibes file pic, November 17, 2022

THE passing of Pakatan Harapan candidate M. Karupaiya, nominated for the P.017 Padang Serai seat, on November 16, has raised the question of whether the Election Commission (EC) must appoint new dates for the 15th general election of P.017 Padang Serai. 

Certain groups are hoping for the general election to be postponed to buy time and nominate another Pakatan Harapan candidate for the P.017 Padang Serai seat, citing the Elections (Conduct of Elections) Regulations 1981, which states that the EC is required to appoint by notice published in the gazette, a fresh date for the election in certain cases such as the death of a candidate.

However, the Elections (Conduct of Elections) Regulations 1981, Regulation 11(6) also states that the EC can only appoint a fresh date before the polls have commenced, whether by early voting or the election day itself.

In the case of P.017 Padang Serai, early voting had commenced on November 7 and 15, for members of police and the armed forces, as well as their spouses, rendering the call for postponement of the general elections for P.017 Padang Serai improbable. 

The commencement of early voting also makes it impossible for a new candidate to be nominated at Padang Serai as the early votes have already been cast and cannot be recalled. Furthermore, there is no legal provision for the nomination of new candidates after polling has begun. 

Therefore, a poll can be taken in P.017 Padang Serai on 19 November, according to the Elections (Conduct of Elections) Regulations 1981 and there is no need for any appointment of new dates nor postponement of the general election by the EC. 

The late Karupaiya was an outstanding parliamentarian and a good friend to many on both sides of the aisle. My deepest condolences to his family. He will be truly missed. – The Vibes, November 17, 2022

Datuk Seri Azalina Othman Said is head of Barisan Nasional’s task force for democracy and law

Related News

Malaysia / 3mth

Siti Kasim expresses gratitude after winning defamation suit, says it had no merit

Malaysia / 2y

Sarawak PH gets green light to battle GPS in state elections

Malaysia / 2y

Sabah Pakatan urges focus on MA63 gains amid RM16 billion controversy

Malaysia / 2y

MP tells EC not to rely on politicians’ feedback in drawing boundaries

Malaysia / 2y

All will be consulted before new electoral boundaries confirmed, Sarawak PKR says

Malaysia / 2y

Finance minister II to explain diesel subsidy plan, says PM

Spotlight

Malaysia

Elderly man admits to hitting neighbour with iron rod

Malaysia

Body found at KLIA2 in tyre storage compartment of aircraft from Japan

Malaysia

Factory operator faces rape, unnatural sex charges involving polytechnic student

Malaysia

Ismail Sabri granted RM300k bail after pleading not guilty to asset declaration charge

By Alfian Z.M. Tahir

Malaysia

Sunway Lagoon ride halted as safety probe seeks to protect public - DOSH

Malaysia

Malaysia ready to deploy military expertise for Nepal flood relief, says Defence Minister

Malaysia

Violence in Thailand: Visitors drop by almost 50 per cent

By Ian McIntyre

You may be interested

Opinion

Imran and Naquiyuddin - the princely nation builders of Negeri Sembilan

By Vinod Sekhar