PETALING JAYA: Several lawyers have refuted a Selangor executive councillor’s claim that it is unconstitutional to encourage a community to boycott the upcoming Kuala Kubu Baharu by-election.
V Papparaidu recently claimed that there were efforts to dissuade Indians from voting in the by-election, which he said was unconstitutional.
Lawyer Andrew Khoo disagreed with Papparaidu, saying that while the Federal Constitution grants citizens the right to vote, they may choose to abstain if they dislike the candidates.
“They, too. are expressing their choice in this case by abstaining from supporting any candidate. There is, of course, a third way of expressing that choice, namely by spoiling your vote. This is a form of a protest vote.
“The voter is angry or disappointed with the party that they previously supported, and wants to send a message that they are unhappy and, to some extent, want to punish that party,” he told FMT.
Khoo said abstaining could inadvertently benefit opposition parties, especially when there are no alternatives like “no preference” votes or write-in options, unlike in the US.
Lawyer Bastian Vendargon said that while calling for a boycott is not unconstitutional, forcing a person to not vote is wrong.
“The right to free and fair elections is constitutionally provided for. It is a right and not a compulsion.
“Since there is no compulsion from mandatory voting laws, and voting is a right vested in a voter, it cannot be unconstitutional if one is urged to boycott or refrain from voting,” he said.
Lawyer Philip Koh concurred, saying that no rule renders calling for a boycott unconstitutional, as long it is not forced on anyone.
He said, however, that such a call could be seen as going against the substance of a constitutional democracy, of which elections are a key feature.
Koh said discouraging participation in elections might reflect a broader global cynicism towards political processes and potentially open the door to anti-democratic forces.
“If he (Papparaidu) means that it contravenes a constitutional provision, then he has respectfully overstated it. There is no prohibition against discouraging taking part in elections.
“However, in a constitutional democracy, taking part in an election by voting and deliberating on the contestants’ policies is a vital part of a healthy democratic polity,” he said.
A Malaysiakini report, which cited an unnamed former DAP leader, said the boycott campaign for the upcoming by-election is intended to send a message to Prime Minister Anwar Ibrahim over the Indian community’s dissatisfaction with the government’s apparent neglect of the community.
Key grievances include the absence of Tamil-origin ministers in the Cabinet, low allocations for Tamil schools, and insufficient matriculation seats for Indian students. - FMT
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