Election Commission chairperson Abdul Rashid Abdul Rahman's revelation that RM110 million was spent on posters in the 2004 general election, prompts an opposition leader to question the legality of the Barisan Nasional (BN) government.

Terming it as 'shocking', DAP secretary-general Lim Guan Eng said Abdul Rashid had stated that the legal limit for expenditure during the 2004 general election was RM88.3 million.

The EC chairperson also revealed that RM110 million was spent on posters alone.

In a statement today, Lim said spending above the limits imposed by the Election Offences Act 1954 is an illegal practice under section 27

Such an act, he added, can be subjected to a fine of RM5,000, disqualification of an elected representative and the right of a voter.

The DAP leader also questioned the revelation that RM3.5 million was spent in the Pengkalan Pasir state by-election last December as this had exceeded the legal limit.

"The BN representative may not be legally or properly elected and subject to a review of an election petition," he said.

Under section 19 of the Election Offences Act, a candidate cannot spend more than RM200,00 and RM100,000 for parliamentary and state respectively, he added.

"This means that a political party like BN that contested in all the 219 parliamentary and 445 state constituencies in 2004 could not spend more than RM88.3 million.

"For Abdul Rashid to reveal that an NGO and political party had admitted that RM110 million was spent on posters alone, clearly shows that only BN had the financial ability to spend so much," he said.

Disqualify reps

Lim said even if opposition parties could afford to spend RM10 million, which he doubted, the remaining RM100 million spent by the ruling front still exceed the legal limit.

The RM110 million is only for posters and does not include other expenses such as food, drinks and transport cost which could double the amount, he added.

Clearly, he said all BN candidates are disqualified from exercising their authority under the Elections Offences Act.

"Abdul Rashid is correct in saying that such huge funds of hundred millions of ringgit spent in the electoral process can be better spent on development projects.

"His refusal to take action on those who practise money politics is the real failure to exercise his responsibility to ensure that the EC uphold election laws without fear or favour," he added.

Lim said action should be focussed on banning money politics than election posters.

"That Abul Rashid can admit hundreds of millions was illegally spent without taking any action shows that EC is no longer an impartial, independent and fair body," he added.

Last July, malaysiakini disclosed that a group of suppliers - who had provided posters, badges, banners, caps and mineral water for BN's election campaign - claimed the ruling coalition owed them about RM100 million.

The suppliers - some of whom are major printing and mineral water firms - struck a deal with Kuala Lumpur-based Elegant Advisory, a company which had claimed to have secured a lucrative contract to supply the ruling coalition with campaign paraphernalia.

However, Elegant had shut down its office in Setapak, north of Kuala Lumpur, when malaysiakini visited the place in late July.