PUTRAJAYA, 4 Feb 2009: The Election Commission (EC) will not review its decision on the status of the Perak assemblypersons for Changkat Jering and Behrang because it is based on the law, its chairman, Tan Sri Abdul Aziz Mohd Yusof, said today.
He said the question of acting beyond its jurisdiction did not arise because under Article 36 (5) of the Perak state constitution, the EC had to ensure that there was a casual vacancy to call for a by-election.
“In this case there was a doubt in establishing the vacancy, so we decided that a vacancy had not occurred, he said when contacted by Bernama.
The EC, after a two-hour meeting yesterday, decided that there would be no by-election for the two constituencies and that Mohd Osman Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang) will would retain their elected posts.
However, it was reported that the Perak state government did not recognise the decision and would challenge it in court if the EC did not review it within two days.
Abdul Aziz said the decision was made solely on the legal angle and under the commission’s jurisdiction.
He said that if any party was unhappy with the decision it could take the matter to court.
“We are open, and we will not obstruct. We will abide and will not question whatever decision by the court,” he added.
DAP advisor Lim Kit Siang had also claimed that the EC had acted beyond its jurisdiction in maintaining the status quo of the two assemblypersons.
Commenting on the allegations, Abdul Aziz said that disputing the decision was akin to challenging the sovereignty of the Yang di-Pertuan Agong and the Conference of Rulers because his appointment as EC chair was made by the Yang di-Pertuan Agong with the concurrence of the Conference of Rulers.
“It’s improper…disrespectful … if they don’t agree, take it to court … no need to challenge,” he said.
