MIC seeks judicial review against Sivarraajh's disqualification

MIC will apply for judicial review against the Election Commission’s disqualification of its vice-president C Sivarraajh from contesting and voting in elections for the next five years.

According to MIC president SA Vigneswaran, the EC used its "own interpretation" of the Election Court ruling that corrupt practices had led to Sivarraajh's 14th general election victory in the Cameron Highlands parliamentary seat.

“What we feel is the judge did not name Sivarraajh or any person under Section 37 of the Election Offences Act 1954 as the person who committed the corrupt practices.

“This is the usurpation of the judiciary powers by the EC under the guise of own interpretation and description. Without a clear direction from the court, how can the EC, who was not a party to the proceedings, decide (on Sivarraajh's candidacy)?

“I don’t know whether they are following the rule of law, or they rule the law,” he told Malaysiakini, adding that the necessary papers for the judicial review will be filed early next week.

Last month, the Election Court had ruled that Orang Asli voters in the constituency had been bribed to vote for BN in Cameron Highlands – either by Sivarraajh, current Pahang menteri besar Wan Rosdy Wan Ismail, or an agent.

However, judge Azizah Nawawi did not find any direct evidence linking Sivarraajh to the bribes, but only that bribes had been given.

Azizah later declared the Cameron Highlands seat vacant, following which the EC announced that fresh elections would be held on Jan 26.

With nomination day less than two weeks away, Vigneswaran said that MIC had yet to decide on a candidate.

The party had previously shortlisted Sivarraajh to stand in Cameron Highlands again.

“When the EC comes out in the open and says ‘no, you cannot contest’, this kills his (Sivarraajh’s) chances of becoming a candidate,” Vigneswaran lamented.

In GE14, Sivarraajh won the five-cornered fight with 10,307 votes, a slim 597-vote majority over DAP candidate M Manogaran's 9,710.

In that election, PAS garnered 3,587 votes, PSM 680 votes and Berjasa 81 votes.

Cameron Highlands was one of just two parliamentary seats MIC won in the election.

 -Mkini