Section 9A of the Elections Act - which prohibits a judicial review of the gazetted electoral roll - makes a mockery of the electoral system and must be repealed, said NGO Proham.

NONEExco member Kuthubul Zaman Bukhari and secretary-general Denison Jayasooria (left) in a joint statement today said that the Election Commission (EC) must act independently and immediately on any complaint lodged.

“In this context, Section 9A of the Elections Act must be repealed as it makes a mockery of our election laws, and is grossly unfair.

“It does not make the EC accountable, and it does not promote public confidence and faith in the Malaysian electoral system,” said the duo.

The provision was introduced into the Act by the BN government after a court decision in 2001 nullified the Likas by-election over the validity of the electoral roll.

NONELast month, the Bar Council questioned the constitutionality of the provision for prohibiting the courts from challenging the roll.

Kuthubul Zaman (right) and Denison further pointed out that Regulation 25(2) of the Elections (Registration of Electors) Regulation 2002 allowed the EC powers to make alterations to the roll in response to complaints.

“Such actions could have resolved the problems raised by various quarters in respect of the electoral roll,” they added.

“However, since Parliament has been dissolved, Proham urges the EC to ensure that those voters who are not entitled to do so are kept out of our electoral system.”

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