PAKATAN Harapan (PH) has slammed former de facto law minister Datuk Seri Azalina Othman Said for saying there is no need for any new date or postponement of the Padang Serai election following the death of one of its candidates, arguing the opposite.

Earlier today, Azalina, who is also Barisan Nasional’s (BN) democracy and law task force head, cited Regulation 11 (6) of the Election (Conduct of Elections) Regulations 1981, which states that the Election Commission (EC) can only appoint a fresh date before the polls have commenced, whether by early voting or by election day itself.

As early voting already commenced on Nov 7 and Tuesday (Nov 15), involving the police, security forces and their spouses, the incumbent Pengerang MP said calls for the postponement of the election for Padang Serai are “improbable”, adding that there is “no need” for a new polling date for the seat.

However, PH secretary-general Saifuddin Nasution Ismail said early voting being concluded cannot be the only reason to urge the EC not to postpone or exercise their powers and duties under election law as it is “most unreasonable and wrong in principle and law”.

“The key issue to be considered revolves over the fundamental and constitutional rights of voters of the Padang Serai constituency and that of political parties’ choice of candidates for voters to choose from,” he said in a statement today. 

“Clearly now that the PH candidate has passed away unexpectedly, a replacement ought to be made,” the former federal minister added.

PH’s candidate for Padang Serai, M. Karupaiya, died yesterday (Nov 16) while campaigning for this Saturday’s (Nov 19) 15th General Election (GE15), said to be due to a heart attack.

The army veteran and former Padang Serai PKR division chief was seeking a second term in the Kedah federal constituency.

“An act of God”

Saifuddin, who is also PKR secretary-general, said it must be accepted that Karupaiya’s unexpected death was fortuitous, a legal term to describe an act of God. 

“It was no fault of PH or anyone in any way. Hence, the principle of loss of choice by default cannot arise here: it violates the principle of fairness.”

On the other hand, Section 11 (6) of the Election (Conduct of Elections) Regulations 1981 is clear about the EC secretary needing to act upon formal notification of an election candidate’s death, he said.

“The writ (of elections) under Section 3 must be cancelled and a fresh process must follow,” the incumbent Kulim-Bandar Baharu MP argued.

He added that Azalina’s argument that early voting had begun and cannot be used to justify the need for a new polling date is not a “valid excuse” as fresh ballots can be issued and fresh voting is “feasible”.

“Nothing is cast in stone as the earlier ballots can be voided,” he said, adding that instances of candidate dying can happen to any political party.

“Hence, to ensure fairness and uniformity for all candidates and political parties, this principle must strictly apply to all.”

Azalina’s call not to postpone the Padang Serai polls, he concluded, is “wholly unjustified” as it “violates and deprives” the constitutional and fundamental civil rights of the Padang Serai constituency voters on their choice of candidates, including the choice of political parties’ election candidates. – Nov 17, 2022

https://focusmalaysia.my/ph-slams-azalina-insists-candidates-death-means-new-padang-serai-polls/