State gov't can contest our decision: EC chief

Although the Election Commission has already decided that there would not be any by-elections for the Changkat Jering and Behrang state seats, the decision can be challenged by the Perak state government.

Commission chairperson Abdul Aziz Mohd Yusof said this is a free country and it could not stop anybody from challenging the decision.

“We live in a democratic country. They (the Perak state government) may have the right to contest the decision. Let the courts decide," he said.

“As far as we are concerned, there are serious doubts created based on the letters we received from the same people. Hence, we cannot make a decision.”

Abdul Aziz ( right ) said the commission considers both letters seriously and there was no question of the EC outweighing one (letter) over the other.

He also said the commission's responsibility was to decide whether a seat was vacant or not and in this case there was confusion resulting in it not being able to make a decision.

Describing this scenario (resignation and denial) as a first, Abdul Aziz said the commission would stick by this decision if it was challenged.

"This is a decision by all commission members including all seven who are present here today," he said.

Abdul Aziz also explained that the two assemblypersons Mohd Osman Mohd Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang) would not be investigated by the commission.

He said "it is not the task" of the commission to investigate what transpired.

"Our duty is to determine whether there occurs a casual vacancy and whether an election should be held," he said, adding based on the documents we cannot establish and cannot accept it as their resignation.

"We also will not call them in to explain the denial."

Press conferences at hotels

Abdul Aziz also explained that the letter by the Perak state assembly speaker arrived at about the same time as the denial letter at 8am yesterday.

"However, the speaker's (V Sivakumar) letter arrived first and this was followed by the second letter," said the commission chairman.

He also told reporters that the denial letters was handed by the assemblyperson's representatives and not by the two in person.

Yesterday, representatives of the two assemblypersons also held press conferences at hotels near the KLIA Airport and Shah Alam, denying they submitted the resignation.

Asked as to the contents of the letter if there were any mention of jumping ship, Abdul Aziz said their letters did not state anything.

"This is not the EC's task. It is their individual rights and not the commission's responsibility. I think it is their right to freely associate or disassociate (themselves)."

Q&A at press conference

Question: What were the contents of the letters of the two Adun?

Abdul Aziz: Contents of the letters denied that they tender their resignations.

Election Commission has decided that the seats are still occupied and was it because of the letters of the two lawmakers?

We have letters from two persons saying they resigned and then another two from the same people denying they resigned. Hence, it created doubts to the Election Commission on their resignations. When there is doubt, we cannot establish whether to accept the resignation letters or whether they are valid.

Is the Perak state assembly speaker empowered to receive the letters under the law?

It is under the Perak constitution. An elected representative can hand over their resignation to the speaker and the speaker would write and inform the EC. The speaker has no right to declare the seat vacant, that task falls on the commission.

Certain Perak Exco members say the commission has no power to do that.

What we discussed today is based on the two letters from the two elected representatives and the letters from the speaker. What we decide today is whether the letters from them is valid or not. But once we get another letter from the same person denying, how can we decide?

Do you give heavier weight over the letters from elected representatives or the Speaker?

This is not a question of giving heavier weight but we consider both set of letters seriously especially if they are from the same people. Doubts are created.

Can they do that personally?

They can hand over the letters to the speaker and the speaker can hand them to us..

Is there any such cases before this?

There is and involving the same matter, the decision then was that the resignation was not accepted and considered invalid..

Can the speaker challenge the decision?

We are a democractic country, and it is his right. He has the right to contest our decision it would be up to the courts to decide. Let the courts decide.

Will you investigate the discrepancy between the two set of letters?

No, that is not our duty. Our duty is not to investigate. Based on the letters given to us we make the decision.

Second set of letters - where did you get it from?

We got the second set of letters from the representatives of the two Adun.

Is the commission empowered to call the two assemblypersons to explain?

I do not think this is necessary. We are basing our decision on the letters and documents handed to us. It is sufficient.

Was the first set of letters signed earlier?

That does not concern us. As far as we are concern we got the letters the same day. involving same people.

Is there a precedent for a similar case like this?

There is no case prior to this.

If your decision is challenged in court you will stand by it?

Yes, definitely. After all, this is the stand of the commission with our full panel members here. Seven of us.

Do you have doubts over the two set of letters?

You got two letters from two elected representatives and in the same breath you get another set of letters from same people. So how to make a decision? Because of the doubts created, we cannot make a decision to declare the seats as vacant. Therefore status quo remains.

By-elections would not be held?

Yes. The matter does not arise at all, but on the question of whether it could be brought to court, everyone has the right. Up to the courts to decide.

Tan Sri, which letters arrived first?

The speaker's first at 8am - and this was followed by the second set of letters just after 8am.

No set of letters given heavier weight? Both taken into consideration? Is that correct?

Yes.

In the second set of letters, did the two Aduns deny signing the resignations letters.

They do not deny, but they do not agree as to the date of enforcement of the letter. Who put the date? As far as we are concerned, we took into consideration the contents of both letters and they created doubts for us and therefore, the commission cannot declare the seats vacant.

Has the EC been sued before?

Never. Previously the speaker issued the letter on reasons of death of an elected representative. How do we challenge that? But here, the people concerned challenged.

Did the two explain why they signed the resignation letters?

No, they did not explain.

So they claim the letters were invalid?

Not valid, they deny the date of the letter as Feb 2, 2009.

Did they state their positions as to whether to become independents assemblypersons or not?

No.

You are not going to probe further.

No, as far as we are concerned, we got two sets of letters. One from the speaker and the other from the two assemblypersons. It is the commission's responsibility to decide whether the seats are vacant or not.

If they are forced out of the seat by the state government what action(s) can be taken against the state government?

How can the state force them to vacate their seats? They were elected by the people.

What if they decided to switch camps?

Not the commission’s problem. That's their right. Freedom of association or disassociation.