The proposed amendment to make electoral rolls unchallengeable in court once gazetted has drawn flak from opposition parties who claim it would be an affront to democratic principles and an abuse of the parliamentary process.

DAP chairperson Lim Kit Siang said such an amendment is a clear abuse of the legislative process in the absence of a proper mechanism to ensure that the roll was foolproof.

To make the roll final without a backup mechanism is an abuse of the law-making system, he said when contacted today.

The amendment, among several involving the Elections Act 1958 and the Election Offences Act 1954, was tabled for first reading at the Dewan Rakyat (Lower House) this week.

Another amendment seeks to impose a 300 percent hike, from RM5,000 to RM20,000, in the deposit payable by an election candidate contesting a parliamentary seat. The RM3,000 deposit for a state seat remains.

One amendment proposes to raise the compensation payable by a complainant who lodges a baseless objection (or done in bad faith) over the insertion of his or her name into the electoral roll from RM200 to RM1,000 as contained in an explanatory note in the amendment bill.

Lim said raising the deposit is ridiculous because the election process is not to prevent anyone from contesting.

The same goes for the compensation issue because it is easier to check whether or not the complaint is genuine. The Election Commission (EC) should not punish or stifle the public from providing a check and balance.

Instead, the EC should regulate the expenditure of individual candidates by setting a ceiling figure and tightening the relevant legal provisions to also include expenses by political parties, said Lim, a former opposition leader with 30 years experience as MP.

Millions spent

The main components of the ruling coalition, Barisan Nasional, are known to splurge millions of ringgit to secure support in the 193 parliamentary and 394 state constituencies although each candidate is only allowed to spend up to a maximum of RM50,000 (parliament) and RM30,000 (state) for campaigning.

The fact that the EC is considering hefty deposits shows that it is afraid of money politics, added Lim.

Meanwhile, Suaram today described the proposed amendment as a slap to democracy.

In a statement, its executive director Cynthia Gabriel said Suaram strongly rejects this attempt at stifling the right to political participation and wants the proposal discarded.

It runs contrary to the fundamental need for checks and balances and is in clear conflict with the basic tenets of a democracy.

Instead of introducing retrogressive measures, we call upon the EC to discharge its constitutional duty to ensure a clean roll that can stand the challenge of any election petition.

Gabriel also said the proposal to increase the candidacy deposit means there is a conscious attempt to retard active participation in politics by the ordinary rakyat in exchange for electoral participation of the rich.

Last June, Election Court judge Muhammad Kamil Awang declared in a landmark decision that the result of the 1999 state elections for the Likas constituency in Sabah was null and void.

He ruled that phantom voters including non-citizens had cast their votes. This led to Likas assemblyman Yong Teck Lee being stripped of his position and a by-election was called.

Yong then sought a judicial review to quash the judgement but his application was dismissed by the High Court judge Richard Malanjum.

However, Yong retained his seat in the subsequent by-election.

The present Section 36 of the Election Offences Act states that the decision of the Election Judge shall be final and not appealable.