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So EC regulations are above the constitution?
Published:  Jan 7, 2012 7:50 AM
Updated: 11:54 PM

VOXPOP 'Don't judges have the right to invalidate any passed law that violates the constitution? To me, this is an outright violation of the constitution.'

Six overseas M'sians lose bid to be 'absent voters'

your say Swkdayaks: Not allowing absentee voting amounts to unequal treatment of Malaysians by the Election Commission (EC). It therefore violates Article 8 of the federal constitution which guarantees equality under the law.

The federal constitution is our supreme law so the court should have applied it to declare the said election regulations unconstitutional.

Steven Choong: The EC is empowered by Section 15 of the Election Act 1958 to make regulations for the registration of electors. Hence, the EC came up with the Elections (Registration of Electors) Regulations 2002.

In making this 2002 Regulations, the EC has not complied with the provisions in Article 119 of the federal constitution that provides for any Malaysian above 21 years, and if registered as a voter, be given a ballot paper whether or not he is resident or absent.

Therefore, the EC has not upheld the constitutional right of these six petitioners given the 2002 Regulations defined an absent voter that excluded the petitioners and others in the same shoes.

Did the counsel ask for a court order to compel the EC to follow the provisions of the federal constitution as well as section 15 of the Elections Act to amend the 2002 Regulations to include the six petitioners?

Micheal: Any voter in a democratic country should be allowed to cast his vote, regardless of his/her location. Of course, unless the democratic spirit is dead. EC regulations, no matter how they are phrased, cannot be a higher authority than the constitution.

A judge, given such a golden opportunity, should rectify this contradicting decision by the EC in his/her court. A judge should not interpret the law at his/her own wish, thereby turning the country into a lawless nation.

Kgen: The EC should amend their regulations to allow all overseas Malaysians to vote, not just those who are likely to vote for BN like government staff, diplomats and government-sponsored students.

It is a disgrace that the EC, which is supposed to be independent, does everything in its power to skew the contest in favour of BN. Malaysians deserve the right to choose a government of their choice in free and fair elections.

Anomnim: Don't judges have the right to invalidate any passed law that violates the constitution? To me, this is an outright violation of the constitution.

Bertrand Russell : This verdict shows what our judiciary is all about. It shows clearly that we only have kangaroo courts where the principles of law and justice are always perverted to make their masters happy.

Aren't there any more learned judges in this Bolehland?

Nik V: The six Malaysians should appeal or escalate the case based strictly on the constitution and sue the EC for their unconstitutional regulations. Sue the EC correctly so that they can't get away on questionable technicalities.

Shame on this half-baked judge for focussing on lesser technical issues while ignoring the bigger constitutional issue.

Darth Vader : People who do not contribute to the growth of this country, but instead chose to be absent, are not fit and should not have the right to determine the fate of this country.

Anonymous: Darth Vader, those who do not contribute to the growth of our country but instead destroy the future of Malaysia are people like those in Umno-BN.

I believe no one chose to leave their home country if given a choice - they care about Malaysia's future, that is why they want to vote ABU (Anything but Umno-BN).

Isn't the money sent back to Malaysia from all these overseas Malaysians a contribution to the growth of our country?

Sapphire: The government has not the guts to give a positive decision on this case as they know most overseas Malaysians will vote for Pakatan - I am one of them. No worries, this time more than ever I will return from abroad to vote.

Kangaroo: Which is supreme - the federal constitution or EC regulations? You don't need a rocket scientist to differentiate that.

Friday sermon warns against joining 901 demo

Ash: So Jakim (Islamic Development Department), the 901 rally is not okay but it's okay for Perkasa to gather at the mosque compound to rave and rant about their skewed ideologies?

This is the kind of hypocrisy that gives my religion, Islam, a bad name. May Allah have mercy on all your sorry souls.

MW: Interesting, they are warning PKR not to use the masjid to rally yet on the same day they used the Friday sermons to preach their own political agenda - the neutrals and fence-sitters are not blind or stupid.

Rayfire: A place of worship is where you devote your time and attention to godly thoughts and deeds, not preach what your worldly masters have instructed you to do. For heaven's sake, don't misuse mosques for your evil plans.

Ssshhh: This is not the first time it has happened. Sermons are compulsory before Friday prayers, so we can't run away from listening to it, but I can see uneasiness among Muslims during the sermon.

Federal Territory Muslims are mature enough and are exposed to the alternative media. The more Jawi (Federal Territory Islamic Affairs Department) or Jakim pushes on this issue, the more Muslims hate Umno for using religion for their political benefits.

I wonder what the Selangor sultan will say if this happened in his state or if he's the current Agong.

Anonymous: Isn't the National Feedlot Corporation (NFC) looting un-Islamic? Isn't stealing the rakyat's money un-Islamic?

Isn't the misappropriation of zakat money un-Islamic? Isn't beating up poor innocent students having a good time on New Year's eve un-Islamic?

Pray tell, what is so un-Islamic about a demonstration against injustice and corruption.

Garrulous Gary: Jakim said that among the tactics used by the Prophet's enemies, particularly in the Uhud war, was to hold demonstrations. How can Jakim compare the present government with the Prophet? Shame!

YF: If demonstrations are condemned then why is fitnah and corruption condoned? There seems to be double standards here. No wonder PAS is more consistent in their values.

Chan: I received a SMS in Mandarin claiming to be from DAP telling us not to participate in the rally. It seems like BN is going all out this round - from warning people to masquerading as DAP.

YF: Justice and fairness are universal values that all Malaysians share despite our race, religion and language differences.

May these values unite us as we bring back sanity back to our beloved country to restore the years the locusts have eaten.

Kee Thuan Chye: Jakim was aiming its sermon at Perkasa - because Perkasa is going to demonstrate in a mosque compound. Ah yes, that makes sense now.

 


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