I refer to the
resignation of PKR’s Kajang state assemblyman yesterday which had caused the
need for a by-election. In July, 2008, the President of PKR Dato Seri Wan
Azizah Wan Ismail also resign her parliamentary seat at Permatang Pauh to allow
her husband to contest there. In April 2009, another PKR former Penang deputy chief minister Mohammad Fairus Khairuddin also
resign his state seat at Penanti citing the reason to further his studies.
Under the current
law, such as the Federal Constitution (Article 48(6)) and the provision of the
state constitution (such as Selangor Constitution – Article 64(5)), 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.
The existing
provision for such situation is clearly not comprehensive as:-
(a)
it does not penalize an assemblyperson who
does not wish to continue to contest as an assemblyperson in the near future;
and
(b)
it does not ensure that the party which the
assemblyperson belongs to (save as for independent candidates), being made
responsible for such resignation and thus, making the party more prudent in
choosing the candidate in future.
As such, the Election
Commission should take the appropriate steps to propose amendment to the
Election Act 1958 (including other related act and regulations) as follows:-
(i)
that there
shall be a monetary penalty of RM100,000 (for State Legislative Assembly) and
RM200,000 (for the House of Representatives) to those assemblyperson who resign
his/her membership of the House of Representatives or Legislative Assembly of
the State,
save as by reason of death, illness or other
conditions rendering the assemblyperson unfit to discharge his/her duties.
However, if the resignation is by-reason of seeking a fresh mandate from the
people for the assemblyperson to enter into another party or coalition, the
monetary penalty should be halved; and
(ii)
that the
party which the assemblyperson belongs to, shall be disqualified from contesting
at the constituency of the assemblyperson, for a period of 5 years beginning
with the date on which the resignation takes effect. However, such
disqualification should not prohibit other party within a coalition which the
party belongs to contest at the by-election or that the
resignation is by-reason of seeking a fresh mandate from the people for the
assemblyperson to enter into another party or coalition
The aforesaid
proposals should be considered in view of the series of events which are
occurring lately which clearly abuse the
democracy process in our country and wasting taxpayers’ money.
