Monday, June 15, 2009

Something are wrong somewhere, but I don't know where

Today's court decision is also another blow to our constitution. The court decided that the Election Commission (EC), and not the Perak state assembly speaker, to declare whether or not a state seat is vacant. It is true that the EC is right to say that if and only if the speaker already submitted the case and if the case is submitted, of course, the seat is vacant. The speaker will not submitting the case if the seat is not vacant. The statement is true when the EC only declaring as what was passed to them by the Speaker. Of course the case will be declared by the EC not the speaker, the speaker just passing the batton to the EC for them to declare, not to decide..

The EC cannot even declare the seat is vacant if the speaker did not submitting the case, isn't it? or, can the EC declare the seat is vacant without the speaker firstly acknowledging them, can't they?

The judgement must be correct at the first place as this will be inherited to our next generation. If the EC is powerful enough, for what purpose the speaker is there to inform them? Isn't it a joke or what?

Published: Monday June 15, 2009 MYT 3:25:00 PM - The Star
Federal Court: EC declares seat vacancies, not speaker

PUTRAJAYA: It is for the Election Commission (EC), and not the Perak state assembly speaker, to declare whether or not a state seat is vacant, the Federal Court ruled in a written judgement made available Monday.

An oral ruling was made April 9.

Federal Court judge Tan Sri Nik Hashim Nik Ab Rahman, in his 20-page judgment, said that under section 12(3) of the Elections Act 1958, the EC would have to establish that a vacancy existed before issuing a writ of by election.

Therefore, the speaker could not interfere with the constitutional duty of the EC to establish whether there was a casual vacancy.

Let hear a comment from the BAR council:

Bar slams Federal Court for saying EC decides on vacancies 
By Debra Chong 

KUALA LUMPUR, June 15 – The Federal Court says it is the Election Commission (EC), and not the legislative assembly speaker, who has the right to decide whether or not a seat is vacant, according to its written judgment in the recent Perak case where three state lawmakers sued Speaker V. Sivakumar.

“The Federal Court has set a dangerous precedent,” the Bar Council president told The Malaysian Insider in an immediate comment on the written grounds recently given out.

Based on the ruling, Ragunath Kesavan said, the EC could easily declare a seat vacant and call for a by-election once a lawmaker hands in his resignation letter, whether it is accepted or rejected by the speaker.

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