The Election Commission (EC) has disqualified three Parti Keadilan Rakyat (Keadilan) heavyweights from contesting in the upcoming polls, dealing a huge blow to the opposition party.

In a letter yesterday, the commission said vice-president Mohd Azmin Ali, Youth chief Mohd Ezam Mohd Nor and Wanita deputy chief Irene Fernandez were barred due to their respective criminal convictions.

Contacted today, Ezam described the decision as "absurd" as the trio were still in the process of appealing against their convictions.

"Even if the High Court rejects our appeals we are still able to take it further to the Court of Appeal.

"The decision reveals that the Barisan Nasional (BN) team headed by (Prime Minister) Abdullah (Ahmad Badawi) and (Deputy Prime Minister) Najib (Abdul Razak) are afraid to face Keadilan leaders whom they know have been accepted by the people. They are scared that their top leaders will lose to us," he claimed.

Ezam was convicted under the Official Secrets Act (OSA) and slapped with a two-year jail term for leaking classified documents pertaining to a graft probe on two ruling politicians. He is currently out on bail pending appeal.

The Keadilan leader, who was expected to contest for the Shah Alam parliamentary seat, said the party will discuss the matter with their lawyers before speaking to the press tomorrow.

"We are not taking this hands down. We will fight against this injustice because obviously the commission's decision is not an independent one.

"We may not be able to change our status but we will show the rakyat the real ugly picture of BN leaders," he added.

Party shocked by decision

On the other hand, Azmin said news of the disqualification had shocked his party and the voters in his Hulu Kelang state seat.

He added that the party was considering several options, including the possibility of initiating legal action.

"We will not accept the commission's decision. The question is why did the EC make the decision at the eleventh hour? Why did the EC chief go against his word? As the chief, he must be held responsible," he said.

Azmin was referring to the statement made by EC chairperson Abdul Rashid Abdul Rahman last year that the trio would have no problems in running for elections as they have yet to exhaust their rights of appeal.

The Keadilan vice-president is currently appealing against an 18-month jail sentence for perjury.

General interpretation

In explaining his about-turn, Abdul Rashid said his earlier comment was made without consulting the commission's legal department.

"When I made that statement then, I was thinking more of a general interpretation of the law. I had thought that if a person has not suffered from his convictions, he is still able to run.

"But after discussion with my legal officers, I found out that such interpretations cannot be applied to the election law. The law states that once the conviction is delivered the disqualification applies automatically after," he said when contacted.

Abdul Rashid said the federal constitution clearly stated that a person sentenced to two years' jail or RM2,000 fine or more cannot run for elections for a period of five years.

"I have no doubt with the interpretation. My legal officer has been very thorough. I am sure my legal officer would have referred the matter to his superiors at the Attorney-General's Chambers before he advised me. We also had a lengthy discussion on the matter before we decided to issue the letter," he said.

Not independent

As to the allegation that the decision was not an independent one, the Election Commission chief stressed that his office was merely following the law.

"They cannot accuse us of any misconduct. This is not our decision, This is the law and we did not make the law. If the law says they cannot (stand for election), then they cannot. As far as I am concerned, I would like to allow everyone who wish to contest... but I have no choice in the matter," he added.

On the commission's timing in sending the letter, Abdul Rashid said: "We are sending it now (before the nomination) because they need to know their eligibility. The situation affects them and the party."

Meanwhile, Fernandez - who is appealing against a 12 month jail sentence and fine for publishing false news - could not be reached for comment.