Former Sabah chief minister Yong Teck Lee said today he is baffled with the Election Commission's decision to disqualify him as the member of Parliament for Gaya despite his application for a royal pardon.

The Sabah Progressive Party (SAPP) president described his disqualification and the commission's announcement that a by-election will be called within 60 days as "very strange".

"The EC should wait for the decision of His Majesty but instead of doing so they have already announced the by-election," he told reporters at the Parliament lobby.

"But we cannot object to the EC's decision and we cannot stop them from conducting a by-election in Gaya," he added.

. Yong filed for a royal pardon on Tuesday following the Federal Court's decision on Sept 3 to reject his application for leave to appeal against an Election Court ruling that found him guilty of committing election offences in the 1999 Sabah election.

Yesterday, EC chairperson Abdul Rashid Abdul Rahman said the commission and the attorney-general's chambers discussed the matter and agreed that "Yong's petition for pardon is not applicable in cases involving election offences."

He added the commission would hold a by-election within 60 days from yesterday as provided for under Article 54(1) of the Federal Constitution.

Abdul Rashid said a special meeting will be held at the EC headquarters in Putrajaya tomorrow to decide on the dates for the writ, notice, nomination and polling for the by-election, he added.

Further clarification

However, Yong said he is still hoping for further clarification from the commission.

"I want to clear the confusion. We haven't found anything so far that election offences are not pardonable," he added.

The former Sabah chief minister also filed a petition for pardon with the Istana Negeri in Kota Kinabalu in a bid to keep his Likas state seat. from which he was disqualified following the Federal Court decision

The Sabah pardons board convened yesterday to discuss the matter but the outcome was not disclosed.

Under Article 42 of the Federal Constitution, the Yang Dipertua Negeri has the power to grant pardons, reprieves and respites in respect of all offences committed in his state, which shall be exercised on the advice of a pardons board.

Sabah state assembly speaker Hassan Alban Sandukong had previously declared that Yong is no longer the assemblyperson for Likas but a by-election is not necessary because the current term of the state assembly would end in less than two years.

SAPP candidate

Earlier today, Yong met with Dewan Rakyat Speaker Mohamed Zahir Ismail, for about 10 minutes to discuss the "legal issues surrounding his status as MP".

However, Yong declined to elaborate on the meeting besides saying that despite the turn of events, he will propose that a SAPP member is fielded for the Gaya seat.

"I am not retiring from politics. The election in Sabah is a people's election. Let the people decide," he said.

Yong added that he has also explained his situation to Prime Minister Dr Mahathir Mohamad.

When met at the parliament lobby, Mohamad Zahir said that according to the law, the EC has the right to call for elections.

He said he had received a letter from the EC on Monday stating that Yong has to vacate his seat yesterday.

However, Mohamad Zahir said that according to his intepretation, Yong had the right to seek for a pardon from the Yang diPertuan Agong.

On whether the EC's decision was in conflict with his, Mohamad Zahir reiterated the role of the commission, saying that elections were under their jurisdiction.

On Yong's meeting with him earlier, the speaker said the former did not "plead" for his support or assistance on his status as MP.

"Even if he did, according to the law, I have no power to do anything," he added.