COMMENT | Padang Serai scenario: A legal perspective

COMMENT | The passing of Pakatan Harapan candidate M Karupaiya, nominated for the Padang Serai (P017) parliamentary seat yesterday, has raised the question of whether the Election Commission (EC) must select new dates for the 15th general election (GE15) for the seat.

Certain groups are hoping for the general election to be postponed to buy time and nominate another Harapan candidate for the seat, citing the Elections (Conduct of Elections) Regulations 1981.

The clause states that the EC is required to appoint by notice published in the Gazette, a fresh date for the election in certain cases such as the death of a candidate.

However, the Elections (Conduct of Elections) Regulations 1981, Regulation 11(6) also states that the EC can only appoint a fresh date before the polls have commenced, whether by early voting or the election day itself.

In the case of Padang Serai, early voting had commenced on Nov 7 and 15 - for police and the armed forces personnel, as well as their spouses, rendering the call for postponement of the polls for the seat improbable.

The commencement of early voting also makes it impossible for a new candidate to be nominated at Padang Serai as the early votes have already been cast and cannot be recalled.

Furthermore, there is no legal provision for the nomination of new candidates after polling has begun.

Therefore, a poll can be taken in Padang Serai on Nov 19 (Saturday) according to the Elections (Conduct of Elections) Regulations 1981 and there is no need for any appointment of new dates nor postponement of the general election by the EC.

The late M Karupaiya was an outstanding parliamentarian and a good friend to many on both sides of the aisle. My deepest condolences to his family.

He will be truly missed.

AZALINA OTHMAN SAID is the incumbent Pengerang MP and head of BN legal bureau.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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