At the Shah Alam High Court today, the Attorney-General’s Chambers today objected to Klang MP Charles Santiago’s application to initiate a judicial review over the discrepancies among some 6,000 voters in the electoral roll.

AG’s Chambers senior federal counsel Suzana Atan, in appearing for the Election Commission (EC), invoked the controversial Section 9A of the Elections Act 1958 as a basis for the objection in the High Court in Shah Alam.

Section 9A, which was brought into the Act in 1999, states that an electoral roll that has been gazetted cannot be challenged by a court of law.

NONE “Hence, this application for judicial review is frivolous and vexatious and should have been dismissed,” Suzana said in objecting to Charles’s leave application.

Section 9A was put in following tafter the 1999 Likas by-election, which was won by Yong Teck Lee, was declared null and void by the High Court in Kota Kinabalu because of discrepancies in the electoral roll.

The passing of Section 9A was also criticised by Bar Council president Lim Chee Wee, who described the law as unconstitutional.

Charles’s lawyer, John Fam, submitted that there were discrepancies in the electoral roll for the Klang parliamentary constituency, which had seen 6,000 voters being brought in and out following the delineation.

Fam also pointed to a statutory declaration by Tan Keck Seng, a voter from Jalan Papan, Pandamaran, who affirmed that there are no Malays and Indians living in his house.

The lawyer also highlighted the case of citizen Premilla Menon, who resides in Ireland and found herself to be registered as a voter in February 2011, despite she never having registered herself.

Premilla also said she received a New Year’s greeting from Prime Minister Najib Abdul Razak, which reminded her to vote for the BN in Selangor.

More overseas Malaysians also complained

Fam said Charles had checked with the Dewan Rakyat and there never was any tabling by the EC to review the constituencies.

He said Section 9A was ultra vires Article 113 of the federal constitution, where such a gazette to review the constituencies must be passed by more than half of the legislators.

Article 113 refers to the powers and functions of the EC.

Fam said every vote in an election is counted, and the court should recognise that any discrepancy in the electoral roll would certainly affect the incumbent and also the result of any election.

From such examples, Fam said, Charles as the applicant passed the legal threshold of prima facie for the review to be heard.

Judge Vernon Ong Lam Kiat will give his decision next Thursday as to whether Charles can have his application for leave to be heard fully.

Charles, who met reporters after the hearing, said besides the case of Premilla, he would try to raise cases of other Malaysians overseas who have complained that they have been registered as voters without their knowledge.

“It seems there are some 'hidden hands' registering these people to be voters, since they say they did not themselves register as voters. I have received similar complaints from people in Australia and Chennai, India, about this.

“I would like to ask those who are overseas to check on the EC website whether they are voters who registered themselves. If they had made no such move but their names are in the electoral roll, they should lodge a complaint to the EC,” he said.

Charles added that these complaints would be detailed when the full hearing of the judicial review application is made after leave is granted.

 

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