Padang Serai: Candidate’s death casts doubt if polls still on for Nov 19

GE15 | Different interpretations of the election rules have surfaced following the death of Pakatan Harapan's candidate for Padang Serai in Kedah, M Karupaiya.

Until the Election Commission sheds light on the matter, it remains uncertain if voters in the parliamentary constituency would cast their ballots on Saturday.

Section 6 of the Elections (Conduct of Elections) Regulations states that if a candidate dies or is disqualified "before polling", then the election in the seat must be called off and fresh polls called by the EC.

However, in Padang Serai's case, early voting took place yesterday, causing confusion.

For Bersih chairperson Thomas Fann, this is "unknown territory".

"I would think polling commences on polling day (Nov 19). If we take advance voting on Nov 15 (to mean polling), then we have to take those army postal voters who voted on Nov 7, just two days after nomination day (into account as well)," he told Malaysiakini.

Former Federal Court judge Gopal Sri Ram offered a similar opinion when asked to interpret Section 6 of the regulations.

"My understanding is that the election for Padang Serai has to be postponed.

"But the persons already nominated and still alive need not be re-nominated. But a fresh nomination to replace the dead candidate must be made," he told Malaysiakini.

‘Election will continue’

However, lawyer New Sin Yew had a different take on the matter.

He argued that advanced voting does count as polling and hence the election in Padang Serai must continue.

Based on this, he said Karupaiya’s name would still be on the ballot paper and voters can elect him to the seat.

And if the deceased wins, it would automatically trigger a by-election.

Both New and Fann agreed that if fresh polls in Padang Serai are called, the threshold for a simple majority would be reduced from 112 to 111.

This is because only 221 seats would be filled in Parliament, instead of 222.

Before the EC announces its decision, the commission must first receive official notification of Karupaiya's death from the Padang Serai election returning officer.

PKR secretary-general Saifuddin Nasution Abdullah told Malaysiakini that he has instructed lawyers and Karupaiya's representatives to obtain a death certificate as soon as possible to facilitate this process.

Karupaiya, 69, won Padang Serai in the 2018 general election after defeating MCA’s Leong Yong Kong and PAS’ Muhammad Sobri Osman.

On Nov 19, the PKR member was set to face BN’s C Sivarraajh, Perikatan Nasional’s Azman Nasrudin, Pejuang’s Hamzah Abdul Rahman, Warisan’s Mohd Bakri Hashim and an independent candidate Sreanandha Rao.

Meanwhile, the EC in a statement this evening said it will hold a special meeting on Friday to discuss "important dates" for the constituency election.

"EC has received an Election Writ from the constituency's Returning Officer stating information about the death of the candidate.

"Thus, EC will hold a special meeting on November 18, 2022 (Friday) to discuss and set important dates for the Padang Serai parliamentary election.

"A press statement will be issued after the meeting," EC secretary Ikmalrudin Ishak said in a statement.

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