MP SPEAKS | In Malaysia, the Election Commission (EC) is assuming a constitutional role to conduct a free and fair election.

Be that at it may, it is of paramount importance the EC has to secure public trust and confidence.

Any deficit in the said trust would definitely compromise the notion of free and fair election - a cornerstone of any functioning democracy.

As far as the EC is concerned, the political players are its main subscribers.

Thus the EC must do the very best to ensure the election would be conducted in a free, fair, clean and transparent manner.

In fact the very definition of election under the Election Offences Act 1954 is an election which is conducted in accordance with law.

Law, I submit, includes the principle of natural justice.

In fact, any election which is conducted not in accordance with law is not really an election in the eyes of law.

Whilst nobody has any objections for the EC to take necessary steps or introduce new measures in ensuring the efficacy and efficiency of the electoral system, the EC must also, at the same time, ensure any introduction of such new measures would not, in any way, be seen to be favoring the ruling party and causing unduly hardship to the opposition parties.

Being an independent umpire in the electoral battle, fairness is the sine qua non for this battle.

In the light of the aforementioned scenario, the political players, especially the opposition parties, have every right to register their utmost protest against the new rules introduced by the EC.

Paca, the main players at polling centres

Based on the new rules or rather new directives introduced by the EC, all political parties are obligated to submit the names of their respective polling agents and counting agents (Paca) to the EC during the nomination day.

This new rule would definitely cause unnecessary hardships to political parties especially independent candidates.

So long no law prohibiting any independent candidate from contesting in the election, the new rule must also duly accommodate him or her.

Needless to say, the Paca are the main players at any polling centres. Their primary role is to ensure the election is to be conducted in a fair and just manner.

They serve as monitoring agents on behalf of the candidates.

If any breach takes places at the polling centre, they are expected to protest and object. In playing such vital roles they also indirectly assist the EC.

By having this new rule - submission of the names of Paca during nomination day- any political party would face the high risk of not having any Paca at all representing their respective interest should they fail to give the names during the nomination day.

If this really happens, the political parties would be severely affected. Indeed, it is very costly.

Truth be told, I am unable to imagine the repercussion or severe blow faced by opposition parties in particular in the event their respective Paca are absent at the polling centres.

MOHAMED HANIPA MAIDIN is Sepang MP and Amanah central committee member.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.