21 April, 2009

Consensus Before Election

I have read some comments and opinions that suggested I am supporting the so called "party hopping" in Perak.

On the contrary, my position had been stated clearly in my proposal to the Election Commission (see my post earlier). In there, I do not agree to party hopping unless the assemblyperson had obtained the mandate from the people via a by-election. This is based on the principle "Consensus before Election".

Thus, I have earlier proposed amendment to Article 48(6) of the Federal Constitution by allowing exemption for situations when the resignation is to call for a by-election to seek the mandate from the people. However, the proposed monetary penalty for the resignation would still be applicable and only be halved (i.e. 50% discount).

Note: Federal Constitution (Article 48(6)) and the provision of the state constitution (such as Penang Constitution – Article 13(5)), provides that a person who resigns his membership of the House of Representatives or Legislative Assembly of the State shall, for a period of 5 years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives or Legislative Assembly of the State.

In any event, I loud the statement by Election Commission Chairman, Tan Sri Abdul Aziz Mohd Yusof for considering amendment to Elections Act in order to stop unreasonable resignation by assemblyperson.