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
