The Election Commission (EC) reversed its decision to ban political parties from erecting pondok panas (temporary operation booths) outside polling stations tomorrow, prompting an outcry from the opposition.

In a letter to all state returning officers yesterday, EC secretary Wan Ahmad Wan Omar said parties could set up their respective booths - which he termed as pondok parti - at a distance of 50m from the stations.

"The police can allow each candidate or party contesting to set up a party booth in order to assist voters on polling day," he said, referring to Section 248(2) of the Elections Offences Act.

Wan Ahmad said the booths must be constructed by midnight today and only registered parties will be permitted to do so.

The booths are set up to canvass votes and check voter details. However, in the past it earned notoriety for the aggressive last-minute campaigning that took place there.

This led the government to introduce an amendment to the Elections Offences Act in 2002 to end such practices. In its place, the EC was required to set up its booth comprising agents from all parties.

Strong objection

Yesterday's decision, evoked strong objections from Parti Keadilan Rakyat (Keadilan) leaders who claim the move was aimed at providing Barisan Nasional (BN) with an unfair edge.

Its deputy president Dr Syed Husin Ali said the decision clearly violated the amended provisions of the Elections Offences Act.

"According to Section 26A (1)(2)(3), all booths are not allowed. The EC is now saying that it is allowing for booths to be set up once again.

"This is a clear example of the EC collaborating with BN to change the rules of the game at the last moment," he said during a press conference this afternoon.

Syed Husin claimed that EC deliberately misinterpreted another provision in the law - Section 248(2) - to justify the reversal.

Section 248(2) provides for all parties to set up their respective offices in constituencies where they are contesting during the entire campaign period.

However, the Keadilan leader said the latter ruling referred to party operations centres and not to makeshift facilities.

"This is a contemptuous interpretation of the law. In the letter, the EC said the police may allow the setting up of the booths but in actual fact, the booths have already been set up by BN.

"The EC is just legalising an illegal act by changing the name from pondok panas to pondok parti," he claimed.

He alleged that party workers found tents already erected outside polling stations several days ago, some in violation of the 50m barrier.

"We know BN has already built their pondok panas in many areas such as Lembah Pantai, Petaling Jaya Utara and Petaling Jaya Selatan... The police and the EC must immediately order them to be removed or demolished," he added.

Legal action

In addition, Syed Husin also objected to the short and erratic notice given by the EC for the change of rules.

He said only Keadilan Lembah Pantai candidate, Dr Sanusi Osman, was informed of the change while the other party candidates remain in the dark over the developments.

"They are giving us notice in less than 24 hours knowing we cannot do anything within this short time," he added.

Keadilan deputy Youth chief Faizal Sanusi, who is Sanusi's election agent, said the constituency's returning officer Zainal Abidin informed him about the new directive at about 10:30pm last night.

"We protested the move and told the EC that we would not participate in it. When we objected, the police even told us that the law need not be interpreted so strictly. We told them we would not participate in it since it is against the law," he added.

Meanwhile, Syed Husin said Keadilan would initiate legal action against EC and their opponents if they don't demolish the booths already set up by tomorrow.

He said any act in violation of the provision relating to pondok panas may lead to the disqualification of the candidate if the matter is upheld by the courts.