EC: Gaya by-election on Oct 12
updated version
The Election Commission announced today that the nomination day for the Gaya by-election in Sabah will be on Oct 3 and polling day on Oct 12, giving nine days for campaigning.EC chairperson Abdul Rashid Abdul Rahman said the commission will use the electoral roll gazetted on Dec 27, 2001, which was updated on Sept 17.
According to a Bernama report, the constituency has 49,426 voters, including 73 postal voters.
Abdul Rashid said the updated electoral roll can be obtained from the Sabah election office beginning Sept 23.
He advised all quarters to use the updated roll. "If there is any quarter that uses the old roll and finds it different, don't blame the EC. I am warning you early," he said.
Abdul Rashid told this to reporters after chairing a special meeting on the by-election at the commission's headquarters in Putrajaya.
Fair, balanced coverage
The EC chairperson named Kota Kinabalu Municipal Council's town planning department director Ali Jus Sipil as the returning officer.
He said the election writ will be issued to the returning officer on Sept 25 while the notice on the by-election will be issued and gazetted the following day.
He added that nomination will be held at the Maksak hall in Likas from 9am to 11am while the objection period is from 11am to 12.30pm.
Abdul Rashid also advised all quarters, including political parties, candidates and party workers to adhere to the rules and be ethical in their campaigns.
He added that the media should provide balanced and fair coverage to the contesting parties.
The Gaya by-election was called following the disqualification of its representative, former Sabah chief minister Yong Teck Lee.
He was disqualified after the Federal Court decided 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.
Following this, he filed a petition for royal pardon from the Yang di-Pertuan Agong and the Yang Dipertua Negeri.
Legal matter
Asked to comment on Yong's claim that the EC should not have disqualified him since his pardon his pending, Abdul Rashid said the commission's decision was based on the advice of legal experts.
"The EC is not providing a personal opinion. This is the law. The court has decided to reject his appeal, so we had to make an announcement.
"The court told EC that there was an offence which led to the last election being declared null and void. If it is null and void, therefore the seat is empty. It is the responsibility of the EC to declare that vacancy," he was quoted as saying.
Asked to comment on another claim by Yong that his offence can be pardoned, Abdul Rashid said: "That is his (Yong's) explanation. He can write an official letter. This is a legal matter."
Yong, who is Sabah Progressive Party (SAPP) president, was also disqualified from holding the Likas state seat.
However, Sabah state assembly speaker Hassan Alban Sandukong had declared that a by-election was not necessary for the seat because the current term of the state assembly would end in less than two years.
Yesterday, Yong said he will propose that a SAPP member contest the seat for Barisan Nasional.
Meanwhile, Opposition Leader and PAS acting president Abdul Hadi Awang said yesterday that Barisan Alternatif will decide on a candidate once the by-election date is announced.
Last week, Sabah DAP proposed that party chief Lim Kit Siang contest the seat but the latter turned it down.
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