Batu Sapi by-election has to go on, EC to meet next week

 

After the death of incumbent Batu Sapi MP Liew Vui Keong on Oct 2, certain quarters had called for the Election Commission (EC) to postpone from holding a by-election anytime soon due to the worsening Covid-19 pandemic situation.

However, according to the EC's top leadership, delaying the election beyond 60 days as required by the Federal Constitution is not possible.

"We have to go on. We still have to conduct the election even during a pandemic," said its chairperson Abdul Ghani Salleh (above) when contacted by Malaysiakini yesterday.

According to Ghani, EC had officially received the notice of Batu Sapi parliamentary seat vacancy yesterday, and the commission would meet next week to discuss the election.

His deputy Azmi Sharom also gave a similar answer when contacted, saying that they do not have any other option.

"We have no choice," he said in a text message.

"So, the only way is to have stricter standard operating procedures."

For the record, under the Federal Constitution, an election must be held within 60 days from the date when a seat is made vacant.

EC's understanding of the matter was supported by constitutional expert, Shad Saleem Faruqi, who is a professor of law at Universiti Malaya.

According to him, the only circumstance when an election can be postponed beyond the 60-day period is during the state of emergency.

"Only (when) a proclamation of emergency is made under Article 150 of the Federal Constitution," he said when asked if there is any circumstance that would allow postponement of an election.

Liew (below), who was a former de facto law minister, died at a hospital in Kota Kinabalu on Oct 2 after suffering from a lung infection. He was 60 years old.

Based on Malaysiakini's calculation, the EC has to conduct the election to choose the next MP for the constituency, the latest by Dec 1.

Following Liew's death, several quarters had raised concerns over the recent spike in the number of Covid-19 cases in the country that might be worsened if another election takes place during the pandemic.

This comes as the recently concluded Sabah state election saw the coronavirus infection spreading rapidly and led to the rise in cases in other states linked to individuals who had a travel history to Sabah during the election period.

Among them was former prime minister Najib Abdul Razak, who suggested on Facebook for the by-election to be delayed.

"I suggest that the Perikatan Nasional government finds a legal way to postpone the by-election until Covid-19 outbreak in Sabah is brought down to a minimal level. Warisan Plus (opposition pact) should support this suggestion," he said.

DAP leader and Iskandar Puteri MP Lim Kit Siang, in a statement today, supported a notion that the Batu Sapi seat is left for Warisan to win uncontested.

He said this in response to a suggestion by Bar Council committee member Andrew Khoo who said any campaign and polling process would not need to be done, and thus prevent a further spread of Covid-19.

For the record, Liew was a Warisan leader and won the seat in the 2018 general election.

"I totally agree with Andrew Khoo, considering that the recent Sabah state election had triggered the third wave of Covid-19 outbreak in Malaysia and caused Sabah to be the worst state affected," said Lim. - Mkini