CAMERON HIGHLANDS: The Election Commission (EC) could not implement actions such as its own investigations or arresting certain individuals alleged to be in breach of electoral process in the country.
It’s chairman Azhar Azizan Harun said the EC has undertaken and implemented its tasks as best as to its ability based on the existing legal provisions governing the commission’s task.
He said claims from certain quarters stating that the EC is short sighted or is ignoring reports of offences which is taking place during the Cameron Highlands by-election campaigning period or taking an immediate action should not arise.
“If there are certain quarters who want me to undertake actions in the form of investigations, arrests or other related matters, they should go to Parliament (Dewan Rakyat) and urge members of Parliament to promulgate new laws.
“This as the existing laws do not have any such provisions (to investigate and arrest) on behalf of the EC,” he said.
Azhar was speaking to reporters after checking on voting at the early voting centre here at the Brinchang Police Station.
Azhar was responding to questions on what immediate action the EC could take against those charged with offences during the election process, pending the outcome of the respective police and Malaysian Anti-Corruption Commission (MACC) investigations.
"The only action we can take immediately is to lodge a police report or report to the MACC on such allegations.
“So, anyone who has any direct information (electoral process breach) report to the authorities.
"Let the authorities do their duty according to the existing laws.
“Or do the people want to see me take an action which goes against the law ?”, asked Azhar.
He said that it is not easy to drag a person to the courts.
“The authorities have to investigate to ensure on whether the facts are correct or not, whether there is an appropriate explanation or not … it is legal system used throughout the Commonwealth.
"Our criminal justice system is as such, so we have to understand it,” Azhar said.
Meanwhile a total of 247 early voters, mostly policemen, for the Cameron Highlands by-election, will be voting at two polling centres opened at the two state constituencies under the parliamentary seat as of from 8 am onwards today.
Azhar said a total 232 of the early voters will vote at the Brinchang Police Station under the Tanah Rata state constituency before voting ends at 5pm.
Meanwhile, for the Jelai state constituency, another 15 early voters will be voting at the Sungai Koyan police station before polling is closed at 2pm.
The early voting process is being monitored by the agents of the candidates as well as observers from non-governmental organisations appointed by the EC.
After the voting is over, the ballot boxes for early voting will be kept at the police stations for safekeeping before being taken to the counting centre at Dewan Gemilang, Sekolah Menengah Kebangsaan Sultan Ahmad Shah here on Jan 26 where the votes will be counted.
Independent candidate Sallehudin Ab Talib, 61, dropped by at the centre to check on the voting process.
The candidates contesting in the by-election are M. Manogaran for Pakatan Harapan, Ramli Md Nor for Barisan Nasional as well as two Independent candidates Sallehudin and Wong Seng Yee.
The Cameron Highlands by-election is the fifth to be called after the 14th General Election (GE14) following a decision by the Election Court to nullify Barisan Nasional candidate, Datuk C. Sivarrajh's victory.
The court had ruled that during the election, there were elements of bribery involved in a bid to sway voters in the area.
Sivarraajh, who faced a five-corner fight in GE14, won the seat with 10,307 votes, while Manogaran garnered 9,710. PAS candidate Wan Mahadir Wan Mahmud polled 3,587 votes, Parti Sosialis Malaysia’s (PSM) B Suresh Kumar (680), and Berjasa candidate Mohd Tahir Kassim (81).
