Federal Court ruling on Zahid vote-buying claim is against free and fair polls, says Bersih 2.0
(TMI) – A Federal Court ruling that legalised “vote buying” if it is`done before nomination day went against the principle of free and fair elections, electoral watchdog Bersih 2.0 said today.
Its chairman Maria Chin Abdullah said as such, the apex court should not have struck out two election petitions against Datuk Seri Ahmad Zahid Hamidi based on technical ground.
“In effect, this may mean that those standing for an election may buy votes before nomination day,” she told The Malaysian Insider.
She said this in response to the Federal Court decision which on Monday confirmed Zahid as the rightful winner of the Bagan Datoh parliamentary seat in last year’s general election.
It had said the Home Minister did not run foul of the Election Offences Act as the alleged bribe was carried out a day before nomination day.
The apex court struck out the petitions brought by Parti Keadilan Rakyat (PKR) candidate Madhi Hasan and voter, Azmi Sulaiman.
A five-man bench chaired by Chief Justice Tun Arifin Zakaria said the allegation of bribery under Section 32(c) of the Election Offences Act 1954 could only be committed by a candidate and the alleged offence by Zahid had occured before nomination day.
“Therefore, on April 19, he (Zahid) was not a candidate,” Arifin said of the unanimous ruling.
Arifin said the purported act by Zahid was committed on April 19, 2013.
The campaign period for the election began from April 20 to May 4, 2013.
On February 19, election judge Datuk Hasnah Mohammed Hashim had allowed a preliminary objection raised by Zahid that the petitioners’allegations of electoral corruption against him were not supported by sufficient facts.
Madhi and Azmi had filed the petitions last year on the grounds that Zahid had allegedly committed corrupt and illegal practices related to the 13th general election.
Among the allegations were vote-buying and spending above the RM200,000 limit permitted in a parliamentary election campaign.
Madhi had alleged that Zahid had been involved in bribery by giving RM100 cash and five bags of rice bearing the BN logo through one R. Supramaniam to one Mustofa Saifudin, a registered voter.
Azmi had alleged that Zahid had appointed volunteers to give out cash and rice to people on duty in the constituency during the election.
