Proham views with serious concern the provision in the Election Act which prohibits judicial review of Gazetted electoral roll and restricts the effective functioning of the Election Commission. The ouster cause was introduced to the Election Act after the court decision at the 2001 Likas By- election case
Proham acknowledges that the Election Commission must be able to act independently and immediately on any complaint lodged. If the Electoral Roll consists of phantom voters, the Election Commission must be able to act and remove them despite the Electoral Roll being gazetted.
In this context, Section 9A of the Election Act must be repealed as it makes a mockery of our Election laws and is grossly unfair. It does not make the Election Commission accountable and it does not promote public confidence and faith in the Malaysian Electoral System.
Proham notes that under Regulation 25(2) of the Elections (Registration of Electors) Regulation 2002, the Election Commission could have exercised its powers to make alterations or changes to the principal electoral roll or the supplementary electoral rolls upon receiving the complaint before the dissolution of Parliament or State Legislative Assembly. Such actions could have resolved the problems raised by various quarters in respect of the Electoral Roll.
However since Parliament has been dissolved, Proham urges the Election Commission to ensure that those voters who are not entitled to vote be kept out of our electoral system.
Proham further calls on the Election Commission to take this opportunity to fully explain its stand on this matter to the general public as it is morally obliged to be transparent to show its independence and commitment to serve the public interest and to enhance its own status .
Issued on behalf of Proham by Datuk Kuthbul Zaman Bukhari (Proham Exco member) & Datuk Dr Denison Jayasooria (Proham Secretary-General)
April 4, 2013