'Pakatan's election suit is constitutional'
Pakatan Rakyat has insisted that its lawsuit against the seven Election Commission (EC) members is constitutional
Pakatan Rakyat has insisted that its lawsuit against the seven Election Commission (EC) members is constitutional.
Responding to EC deputy chief Wan Ahmad Wan Omar, PKR's Subang MP Sivarasa Rasiah
(right in photo)
said apex courts "all over the Commonwealth" have decided on cases of election misconduct by election officials.
"I will just cite one here - Union Bank of India v Association for Democratic Reform (2005) 5 SCC 294 where the Supreme Court of India in a constitutional challenge issued directions to the Election Commission," he said.
"The case was not filed as an election petition. India has an identical provision to Article 118 of our federal constitution which provides that a challenge to an election can only be done via an election petition.”
Sivarasa, who is also a lawyer, was speaking to reporters at the Parliament lobby today.
He said the universal and fundamental principle in common law, accepted by "mature courts" in the Commonwealth - namely in Australia, England, Canada and India - is that 'where there is a right, there is a remedy'.
"Our suit is based on correct principles of the law, that is the right of citizens to free and fair elections is violated by the Election Commission knowingly and fraudulently allowing this to happen."
Legal courage wanted
Also speaking at the press conference was Bukit Katil MP Shamsul Iskandar Mohd Akin who urged the judiciary to practise legal courage in adjudicating the case, and the pending election petitions.
This follows an election petition by PKR on the Machang results which was struck down at the preliminary stage on "technicalities".
Sivarasa said the decision to accept the objection - against the presence of three other lawyers besides the head counsel for the PKR candidate - seemed "petty" compared to objections raised by PAS in three other petitions in Kelantan which were not accepted by the court.
He said PAS lawyer Hanipa Maidin ( right ) had objected that the offences filed by Umno against PAS were not specific enough but the petition was allowed as Justice Zamani A Rahim said there will be a chance to ask for specifics during trial.
"This was a flexible stand which I felt is good but when it came to the PAS and PKR petitions a very technical stance was taken," Sivarasa said, referring also to the Selising election petition by PAS which went BN's way.
Zamani is presiding over the Machang, Selising, Bachok, Gaal and Jelawat election petitions, while Justice John Louis O'Hara will preside over the remaining five petitions in Kelantan.
