A party source reveals the suit will be filed based on Article 114 of the Federal Constitution. He also calls it an 'unprecedented move'.
KUALA LUMPUR: PKR plans to take legal action against the Election Commission’s top bosses with regard to the accusation that the two are Umno members.
Calling it an “unprecedented move”, a party source said the suit would be based on Article 114 of the Federal Constitution which was related to the formation of the EC.
“The court action is related to 4A of the Article. We will push for what is provided in the constitution for their removal. We think we have enough grounds to do so,” he added.
Article 114 (4A) states: “In addition to any disqualification provided under Clause (4), the chairman of the Election Commission shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it.”
The source said that Opposition Leader and PKR supremo Anwar Ibrahim would announce the suit during a Merdeka Rakyat event on May 7 as part of the party’s effort to push further the momentum gathered from the Bersih 3.0 rally for polls reform.
In a statement earlier, PKR strategic director Rafizi Ramli said the event would be a tribute to those who went against what he claimed as police repression on a peaceful assembly.
Recently, PKR claimed that EC chairman Abdul Aziz Yusof and deputy Wan Ahmad Wan Omar were still members of Umno and called for their immediate resignations.
The party said this proved their repeated allegations of bias against the two in the past.
Spreading the good news
Despite the duo admitting to being Umno members in a Sinar Harian interview, Wan Ahmad later denied the charge and described the accusation a politically-motivated lie.
“Anwar is expected to make a special announcement regarding the position of the EC chief and deputy chief at the Merdeka Rakyat event,” Rafizi said in the statement.
“PKR will continue to bring the good news of Bersih 3.0 to the people with regard to the peoples’ uprising. The date April 28, 2012 will be forever marked as Merdeka Rakyat (people’s independence),” he added.
The opposition and Bersih hailed the rally as a success after tens of thousands gathered in the capital for free and fair elections within the Dataran Merdeka vicinity despite police’s warning.
The rally was peaceful until the police fired tear gas and water cannons after some demonstrators breached the barricades in front of the square, which the court had barred the public from entering.
In the ensuing fracas, scores were injured including two police officers. There were also cases of assault against the media said to be perpetrated by both the police and the protesters.
Both rally organisers and the authorities blamed each other for the clash. Bersih 3.0 leaders said the violence was prompted by the police while the government maintained that the men in blue had acted in self-defence after the crowd turned unruly.
Prime Minister Najib Tun Razak said Bersih had failed to keep its promise of a peaceful assembly and said the fracas could have been avoided if the organisers had agreed to move the rally to Stadium Merdeka.
This morning, the prime minister claimed that the protest, which also called for the resignation of the EC top brass, was aimed at toppling the government.