Bersih claims EC rejected some voters' objections, urges legal action
The Election Commission (EC) has rejected several objections brought by voters against its proposed Sept 14 redelineation exercise nationwide, says electoral watchdog Bersih coordinator Thomas Fann.
"It has been brought to our attention that some objections submitted by affected voters are rejected and no enquiries will be held for them," he said.
This is on the ground that the group of voters failed to meet the requirement of having 100 or more affected voters who are listed in the electoral roll despite more than 100 signatures collected, he said.
The Election Commission (EC) has rejected several objections brought by voters against its proposed Sept 14 redelineation exercise nationwide, says electoral watchdog Bersih coordinator Thomas Fann.
"It has been brought to our attention that some objections submitted by affected voters are rejected and no enquiries will be held for them," he said.
This is on the ground that the group of voters failed to meet the requirement of having 100 or more affected voters who are listed in the electoral roll despite more than 100 signatures collected, he said.
He also pointed out that the objections brought by voters in Bukit Bendera, Bukit Gelugor (both from Penang) and Tawau (Sabah) were rejected on the ground that these areas were not affected in the delineation process.
Fann said the EC appear to think that it had full discretionary power to decide which constituencies should be redelineated and any decision of exclusion could not be challenged.
He stressed that the EC should conduct the proposed redelineation exercise in accordance with Article 113(2)(i) of the Federal Constitution, which stressed the approximately equal electors' size.
"Failure to correct what ought to be corrected so that they comply with the principles set in the 13th Schedule amounts to nonfeasance, a neglect of duty on the part of the EC."
Fann, who spoke on behalf of Delineation Action and Research Team (DART), urged voters who had been turned down by EC to demand a detailed explanation.
DART is a programme organised by Bersih to empower citizens on matters related to the redelineation proposal by EC.
"We urge all those who have such rejections to consider taking legal actions against the EC for its neglect of their constitutional duty," he said.
EC also acknowledged some voters' objections and had planned to call an enquiry for the voters.
The first series of enquiries were held in Sabah from Oct 24; enquiries are being held in Perak this week and it is understood that they will held for Kuala Lumpur from Nov 7 onward.
This is in compliance with Part 2, Section 5 and 7 of the 13th Schedule of the Federal Constitution where spokepersons of those eligible to object are invited to present their arguments before the EC.
Fann, however revealed EC had denied the voters' right to legal representation in the subsequent enquiries slated to be held.
"In its invite letter, EC stated that valid objectors cannot be represented by lawyers unless the lawyers are also affected voters in that constituency," he said.
He pointed out this had violated Section 18 of Commissions of Enquiry Act 1950, which said whoever being implicated or concerned about the mattter under enquiry, shall be entitled to legal representation.
He asked EC to change its mind or "likely face many legal actions from objectors".
He also said the full Election Commission must be present during the enquiry.
"EC has to improve on their proposals for delineation by hearing from affected voters.
"After all, it is the voters who will have to live with the consequences of bad, unfair and unconstitutional electoral boundaries for the next 8 years or two to three general elections," he said.
"We hope that EC would not make light of the process or take citizens’ efforts for granted," he said.


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