Disqualification of Malaysian opposition candidates sparks uproar

KUALA LUMPUR — Malaysia’s opposition Pakatan Harapan (PH) pact has sharply criticised the Election Commission for disqualifying several of its candidates from contesting the May 9 election.

In all, six PH candidates failed to pass the nomination process for various reasons, with the most prominent being Parti Kedilan Rakyat vice-president Chua Tian Chang.

The incumbent Batu MP, better known as Tian Chua, was disqualified by the returning officer due to a RM2,000 (S$510.33) fine imposed on him following a sedition case in March.

Following the decision, Mr Chua urged his supporters in the parliamentary constituency to remain calm even as he filed a complaint against the Election Commission (EC).

"I am very sad and outraged with the EC officer citing his absolute power and denying my rights and nomination despite court ruling,” he said.

"They rejected without elaborating or providing any explanation… this is despite the High Court Judge stating in his verdict that a fine of RM2,000 and below does not disqualify one for contest," Mr Chua's lawyer Gurmukh Singh said.

Mr Chua was not disqualified from contesting the 2013 despite being slapped a similar fine in 2010.

"I have discussed with various legal advisers to work out some remedy, but I will first lodge a police report against the EC officer. In the meantime, I urge the Batu voters to stay calm and not do display despair," he told reporters after filing a police report.

Responding to queries, the EC said that Mr Chua can file a petition to the High Court to appeal his disqualification from contesting in the elections if he is unhappy with the decision.

"Any nominees who feels they need to object can do so through a petition and present it to the court," said EC chairman Mohd Hashim Abdullah.

"We have to see rules and laws was enforced upon him, how much is the fine and what the court decided."

Mr Hashim, when asked if a petition process could be completed in time to resubmit nominations, said the length of the legal process was beyond his control.

" The length [of proceedings] will be decided by the court, when the trial will take place and when the decision will be made.

"We will adhere to any decision made by the court," he said.

Mr Chua’s disqualification drew condemnation from PKR leaders.

“The EC decision clearly denies Tian Chua the constitutional right to contest this elections,” said PKR president Dr Wan Azizah Wan Ismail.

“I question the basis of this decision by the Returning Officer which is not keeping with the High Court judgement in March this year.”

PKR deputy president Azmin Ali went a step further and claimed that the EC was in contempt of court for disqualifying Mr Chua, noting that both Shah Alam High Court Judge Abdul Karim Abdul Rahman and parliamentary speaker Pandikar Amin Mulia had ruled that the fine did not disqualify Mr Chua from holding office.

“I urge everyone to provide undivided support for Pakatan Harapan to object to the actions of the EC,” he said.

N Surendran, a lawyer with the party and former Bagan Serai MP, claimed Mr Chua's disqualification was "unlawful and outrageous".

"The disqualification this morning is unlawful, unconstitutional and liable to be set aside by the court," Mr Surendran said in an immediate response.

"Article 48(1)(e) of the federal constitution provides that disqualification occurs when the punishment is 'a fine not less than two thousand ringgit..it is settled law that this means that the fine must be more than two thousand ringgit."

Article 48 of the Federal Constitution states that an elected representative is disqualified if he has been convicted of an offence and "sentenced to imprisonment for a term of not less one year or to a fine of not less than RM2,000 and has not received a free pardon".

PH was similarly outraged by the disqualification of PKR candidate Streram Sinnasamy in Rantau, Negri Sembilan, on grounds that he did not bring his EC pass.

He was reportedly only let into the nomination centre three minutes after the deadline for filing nomination papers had passed.

The EC then declared the incumbent, caretaker Negeri Sembilan chief minister Mohamad Hasan, as the unopposed winner of the seat.

Mr Rafizi accused the returning officer handling the state seat of Rantau of deliberately delaying Dr Streram.

"I was informed by Harapan representatives in the hall that the Negeri Sembilan Election Commission director had instructed the returning officer to allow Streram in to submit his nomination paper as early as 9.30am,” he alleged.

"However, the returning officer kept delaying before letting him at 10.03am and then rejected the nomination."

The allegation drew a rebuke from Prime Minister Najib Razak.

“They like to instigate people. Their candidate was unprepared and they want to blame the police. Enough Rafizi,” Datuk Seri Najib said on Twitter.

Two PKR candidates in Kelantan also suffered disqualification at the state seats of Tawang and Kuala Balah, one for bankruptcy and the other for not having his official address in the state. 

Two other PH candidates from component party Bersatu – in the Johor state seat of Bukit Pasir and the Penang state seat of Penanga -  were disqualified on the grounds of them being bankrupt.

Bersatu president Muhyiddin Yassin said its candidate for Bukit Pasir Pizi Pizi Jihat had already settled his bankruptcy prior to being nominated, and had brought proof with him today.

"Among the documents he handed to the returning officer was a search on the Insolvency Department's website to show that he is not bankrupt,” he said.

"But (the returning officer) said the latest check showed he was bankrupt, which is why I'm puzzled as to which is true."

He said the party will consult with their lawyers on the next step.

Bersatu's Yaakob Osman, who was hoping to contest the Penang state seat of Penaga, also claimed that he had already ran a check which did not show he is a bankrupt.

"There were no issues and I have not been summoned by anyone or declared bankrupt. The election commission has decided, nothing can be done," he was quoted as saying by The Star Online. AGENCIES