Parti Keadilan Rakyat (Keadilan) today filed a suit against the Election Commission seeking judicial review over alleged 'illegalities' discovered during the recently concluded general election.

In the action filed at the Kuala Lumpur High Court registry at 12.30pm, the party wanted the court to review the overall conduct of the elections, which it claimed was mired with many cases of blatant and rampant irregularities.

The party also claimed, among others, that the EC had violated many sections of the election laws by unilaterally changing the rules halfway through the elections held on March 21.

Keadilan president Dr Wan Azizah Wan Ismail, who filed the suit on behalf of her party, told reporters later that the suit was the first judicial review filed against the conduct of an entire election process and differed from an election petition which seeks to nullify a specific constituency's election result.

She said the Keadilan suit looks at bigger issues - namely to press for electoral reforms and for public education.

"Public confidence in the electoral process has been undermined. This action will prove the current situation and this is our contribution to the electoral reform that we want for the country," she stressed.

Keadilan vice-president R Sivarasa, who was also present, said the election petition is restrictive to only one constituency and cannot help in reforming the electoral system since no changes would be made to the system even if the election result is nullified.

"But in the case of our suit, if the court declares the existence of the alleged election illegalities, then the EC will have to take note of that and change or reform the whole electoral system," he added.

Five 'illegalities'

In the affidavit, Keadilan listed five alleged illegalities committed by the EC throughout the election period and asked the court to make a declaration on these charges. They are:-

1) EC illegally used the list of voters which is not the official or legal electoral roll gazetted on nomination day of March 13 this year and given to all candidates, breaching regulation 14A of the Elections (Conduct of Elections) Regulations.

2) Illegally permitted the opening and setting up of 'pondok panas' (temporary election booths) which was abolished by the law, contrary to Sections 26(1)(c) and/or 26A of the Election Offences Act.

3) Illegally and wrongful extended the voting hours from 5pm to 7pm in Selangor which the EC was not empowered under the law to do so, and thus contravened Sections 15(2) and 23 of the Elections (Conduct of Elections) Regulations.

4) Illegal practice of recording the voter's serial number on the counterfoil of the ballot paper thus interfering with the secrecy of the ballot and indirectly intimidating voters that their vote will be known.

5) The illegal position taken by the EC in stating that candidates convicted of an offence cannot contest even though they are still on bail, have not exhausted all their avenues of appeal and have not been refused a pardon.

"The injustice of preventing (Keadilan leaders) Mohd Ezam Mohd Nor, Mohd Azmin Ali and Irene Fernandez from contesting is so apparent now in the light of Ezam's acquittal," Wan Azizah said when elaborating on the fifth point.

She added that the alleged illegalities listed in the affidavit are serious and go into the heart of a free and fair election.

"The gravity of the issues is borne out by the fact that the EC chairman himself agreed with the public and has demanded for an independent body to investigate the conduct of the elections.

"Unfortunately this demand has since been brushed aside by the Barisan Nasional and any discussions of it silenced in the controlled press," the Keadilan president said.

'Media ploy'

In the polls, Keadilan managed to win just a single seat through Wan Azizah in Permatang Pauh, Penang with a slim majority of 590 votes after two recounts.

Responding to media reports that her seat might be challenged by BN's Pirdaus Ismail whom she defeated in Permatang Pauh, through the filing of an election petition, Wan Azizah expressed regret over reports which "insisted" that she lost in the first recount despite the EC's confirmation that she won on both counts.

"It was a media ploy. The media has been used to create doubts of my victory in Permatang Pauh," she said.

On the plan of some Keadilan candidates to file election petitions, Wan Azizah said she leaves it to the candidate's personal decision but reiterated that election petitions will not have any impact in reforming the electoral system in the country.

EC chairperson Abdul Rashid Abdul Rahman and secretary Wan Ahmad Wan Omar could not be reached for comment.