Legislation is needed to punish or fine politicians who resign from their elected posts without a strong basis, says the Institute for Leadership and Developmental Studies (LEAD).

Its founding director, Amin Ahmad, said since the 12th general election, 16 by-elections have been held and now after the 13th general election the country is facing a third by-election.

“There are some reasons that cannot be avoided, but there is a legal need for a review or improvement in the law to prevent untoward resignation. The right for politicians to resign should be maintained but the laws have to be tightened,” Amin (left) said.

LEAD proposed that the resigning politician or the party bear a portion of the electoral costs for the by-election.

Amin said a formula could be worked out, possibly based on the balance of the valid period for the elected person to hold the post.

“If the person fails to pay the fine, maybe the politician can be charged with breach of trust and a hearing be held and if found guilty, a sentence of imprisonment should be meted out or a reasonable fine imposed, besides barring the person from contesting within 10 years,” he said.

“If the political party fails to pay the fine, then it should be barred from contesting for a certain period, let’s say five years from the vacancy.”

LEAD’s comments came in the face of the impending Kajang by-election, which is a result of Lee Chin Cheh’s resignation on Monday, and opposition leader Anwar Ibrahim being confirmed to contest there.

Amin said by-elections should also be called in constituencies where the elected representatives switched parties or declared themselves as “Independent”.

The incumbents should be allowed to contest under their new party, and pay the costs of the by-election. If they failed to pay, the same punishment of barring them from contesting should be meted out, he said.