SEREMBAN: The Election Court today held that there is no written law to stop walk-in candidates, their proposers and seconders from filing their papers on nomination day without entry passes.
“The need for a pass is not mandatory,” judge Azimah Omar said in delivering her decision to nullify the election of Rantau assemblyman Mohamad Hasan.
She said the Election Commission (EC) or its agents at the Dewan Sri Rembau nomination centre had acted outside the law when they stopped PKR candidate Dr Streram Sinnasamy, his proposer and seconder from entering.
“It is unreasonable to impose such a requirement when there is no such law,” she added in her judgment which took almost 90 minutes to deliver.
“It is also tantamount to a suppression of the petitioner’s legal right to stand in the election, and denied the rights of the Rantau voters.”
Negeri Sembilan EC director Afizam Abdullah Sani, who testified in the proceedings last month, had also said that returning officers could not exercise their discretion in stopping candidates.
“This exception is applied only to walk-in candidates, their proposers and seconders; no one else,” he said.
He added that the privilege was provided for in the election guide book prepared for returning officers and their assistants, as well as under Regulation 4 (8) of the Conduct of Elections Regulations 1981.
Azimah today said the EC and returning officer Amino Agos Suyub, who were named as respondents, had contradicted themselves on whether entry passes were needed for candidates, their proposers and seconders.
She said the EC and Agos took the position that the pass was a mandatory requirement when Streram’s lawyers were presenting his case.
“However, when it came to their version of the event, they made a 360-degree turn by stating otherwise,” she added.
Azimah said documentary evidence revealed Agos had known that Streram, his proposer and seconder were waiting outside the nomination centre.
“However, he purported to be busy and pretended as if nothing happened. This is very unethical and should not have happened.”
She added that neither Agos nor his assistant returning officer Daing Muhamad Rahimi Andul Hamid were credible witnesses as they had lied in court.
“As agents of the EC, they should have been neutral in carrying out their duties. Instead, they were either negligent or committed an omission.”
Not only were Streram, his proposer and seconder prevented from entering the nomination centre, she said, tight security had been set around them as well.
She said Agos had also coached Daing Muhamad on how to tailor his evidence to counter the case put forward by Streram.
“That was interference in the administration of justice,” she said, adding that Agos had been jailed for three months for contempt of court.
His appeal against the conviction and sentence is pending in the Court of Appeal.
Azimah also said the EC was an independent institution and must conduct fair elections in a conducive environment.
Streram was represented by lawyers Mohamed Haniff Khatri Abdulla, Mohamad Rafique Rashid Ali, Sreekant Pillai and Sathia Stella Sidhu. Satya Kumardas and Marina Nasution appeared for the EC and Agos while Mohamad Hafarizam Harun and Abu Bakar Isa Ramat represented Mohamad. - FMT
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