An election watchdog has expressed its deep regret and concern over the decision by the opposition front Barisan Alternatif yesterday to boycott the Batu Talam by-election slated for Jan 28.

"If this results in a no-contest, their boycott will tantamount to denying the voters' their rights to duly elect a representative in the by-election," Malaysians for Free and Fair Election (Mafrel) chief Abd Malek Hussin told malaysiakini today.

He pointed out that the "inadequate" election laws in Malaysia and the prevailing provisions in the Federal Constitution do not allow balloting to take place even if there is only one candidate, unlike in neighbouring Thailand.

This, he said, denied voters a chance to affirm their support or otherwise for the sole nominated candidate.

The practice in Malaysia is that if there is no other nominations, the sole standing candidate will be declared a winner without having to go to polls.

Only Barisan Nasional is now expected to pit its candidate on the Jan 16 Nomination Day.

Urgent measures needed

On PAS' complaint that there was discrepancy in the electoral roll, Malek said this raised issues of lacking in transparency and it should be addressed by the Election Commission seriously.

"Urgent measures should be taken to address the problem. A dialogue involving all parties concerned should be organised to allow input on how to tackle the issues which have been raised," added the Mafrel chief.

The Batu Talam state seat fell vacant following the death of its ruling Barisan Nasional representative Tengku Paris Tengku Razlan, 66, due to rectal cancer on Dec 27.

In the 2004 general election, Tengku Paris edged PAS candidate Mohamed Nilam Abdul Manap by 2,761 votes. There were 10,866 registered voters then.

This time round, there is a slight drop in the number of eligible voters - 10,525 - including 14 postal voters who are all policemen serving in the constituency.

The election has been branded by a senior Umno leader as a test of strength for the Barisan Nasional and Umno in facing the next general election, widely expected to be called by this year.