Lawyers hail ‘strong message’ to returning officers in Rantau verdict

PKR candidate Dr Streram Sinnasamy was stopped by police from entering the Dewan Seri Rembau nomination centre in Rantau on April 28. The Election Court has ordered that a by-election be held, saying the returning officer should not have denied Streram entrance. (Bernama pic)

PETALING JAYA: A lawyer has welcomed the decision by the Election Court to hold the returning officer personally liable for a candidate’s inability to file his nomination papers, saying it is a message to all returning officers that they will be punished for refusing to follow the law in conducting elections.

As agents of the Election Commission (EC), R Kengadharan said, returning officers must carry out their sacred democratic duty as referees, especially as general elections are usually only once in five years.

“Returning officers, who are civil servants, are appointed by the EC to conduct elections, and they are expected to act without fear or favour,” he told FMT.

Kengadharan was responding to the decision by judge Azimah Omar that a fresh election be called for the Rantau state seat in Negeri Sembilan.

Azimah also ordered returning officer Amino Agos Suyub to pay RM30,000 in costs to PKR candidate Dr Streram Sinnasamy, who had filed a petition to nullify the EC’s decision to declare Barisan Nasional’s Mohamad Hassan the winner of the Rantau seat.

Streram was unable to contest in the May 9 polls as he was barred from entering the Dewan Seri Rembau nomination centre to file his papers on April 28.

Azimah said it was abundantly clear that Streram had been prevented from entering the nomination centre, calling this an act of suppression.

She also said Mohamad, the former Negeri Sembilan menteri besar, had not been duly elected.

She agreed with the submission by Streram’s lawyer, Mohamed Haniff Khatri Abdullah, that Agos fork out the money from his own pocket since he had blatantly breached the law.

However, she exempted the EC and Mohamad from paying costs, saying they should not be faulted for what had happened.

Lawyer Mohamed Rafique Rashid Ali said Azimah’s judgment should serve as a reminder to all returning officers, assistant returning officers and civil servants of the importance of upholding the rule of law.

“Her 90-minute verdict must also serve as food for thought to the EC chairman and commissioners about the future conduct of elections,” he said.

He suggested that the EC consider expanding the selection of returning officers to include members of the Judicial and Legal Services and retired civil servants.

“After all, the election process is the bedrock on which democracy stands,” he told FMT. -FMT