What does the Perak State Constitution say? And what ought the EC to have done?
“A casual vacancy shall be filled within sixty days from the date on which it shall be established by the Election Commission that there is a vacancy…”
Malaysiakini reports today that YB Lim Kit Siang “accused the Election Commission of siding with the Barisan Nasional in deciding not to hold by-elections for the state seats of Changkat Jering and Behrang” and of acting “unconstitutionally in refusing to recognise the decision of Perak speaker V Sivakumar on the vacancy of the two seats”.
The same Malaysiakini report also has it that Perak DAP chief Ngeh Koo Ham, in a written statement distributed to the press, contended that the Election Commission “was compelled by Article 113 of the federal constitution to conduct the by-elections pursuant to Article 36(5) of the Perak constitution”.
“Its refusal to do so would be a dereliction of its constitutional duties which is ultra vires. This shows clearly biasness,” Ngeh was quoted as saying.
