Review election laws to prevent abuse - Gerakan

The Election Commission has been urged to take appropriate steps to propose an amendment to the Election Act 1958. Gerakan Youth Chief, Tan Keng Liang who made the call said this the amendment should impose heavier penalty to state assemblymen and members of the Parliament who simply resign to pave the way for a by-election. Citing the recent resignation of PKR Kajang state assemblyman on Monday, causing the need for a by-election, Tan said the current five-year suspension from running in any election is not sufficient. In July, 2008, PKR president Datuk Seri Wan Azizah Wan Ismail also resigned her parliamentary seat at Permatang Pauh to allow her husband to contest there. In April 2009, another PKR leader, former Penang deputy chief minister Mohammad Fairus Khairuddin also resigned his state seat at Penanti citing further studies as his reason. 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 it does not penalize an assemblyperson who does not wish to continue to contest as an assemblyperson in the near future and 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. Tan proposed monetary penalty of RM100,000 for state assemblyman and RM200,000 for MPs who resign, except for reasons 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. He also said that the party which the assemblyperson belongs to, should also 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 He said the proposals should be given due consideration as the series of events which occur lately clearly abuse the democracy process in the country and waste taxpayers’ money.