PSM PRES STATEMENT - SG. SIPUT ELECTION PETITION |
PRESS STATEMENT : 11TH. JULY 2000
The Election Petition filed by The Parti Sosialis Malaysia Candidate
dismissed on a technicality.
The Election Court hearing the Election Petition filed by Dr Jeyakumar,
the Parti Sosialis candidate for Sg Siput (u), Perak, decided today to
dismiss the Petition on the grounds that it was not properly served on
the Respondent (Samy Vellu)
According to Rule 15 of the Election Petition Rules 1954, Notice of the
presentation of a petition, accompanied by a copy thereof, shall within
fifteen days of presentation of the petition be served by the petitioner
on the respondent. Such service may be effected either by delivering the
notice and the copy aforesaid to the advocate appointed by the
respondent under Rule 10, or _ _ _ _ .
The PSM petition was filed on 8th February 2000 at the Taiping High
Court, and a copy with the notice was hand delivered to the office of
Shook Lin and Bok, the legal firm of Dato Dr Cyrus Das, the respondents
advocate, on the 10th of February.
Dato Wan Adnan, the Election Judge for the Sg Siput petition ruled that the
service was fatally flawed as the notice and petition were handed over to Mr
Nanda Balan, a senior lawyer at Shook Lin & Bok, and not to the advocate,
Cyrus Das, as required by the Election Court Rules. As such the Election
Judge ruled that he had no choice but to dismiss the Election Petition with
costs.
Dato Dominic Puthucheary, the advocate for the petitioner, pointed out
that Cyrus Das never canvassed this line of argument previously. Dominic
also explained to the Court that the arrangement of handing over a copy of
the Petition to Nanda Balan was arrived after telephone discussions with
Cyrus Das. However the learned judge ruled that statutory requirements could
not be set-aside by private agreement between the two parties. The Election
Petition Rules have to be strictly followed, and the petition had to be
dismissed.
The Parti Sosialis Malaysias attempt to bring the attention of an
Election Court the practice of importing in literally thousands of
outside voters in blatant disregard of Article 119 of the Federal
Constitution as well Section 3(1)(a) of the Election Offences Act has
thus been effectively thwarted. The legality or otherwise of Samy
Vellus ploy to register several thousand non-residents as voters in Sg
Siput now cannot be debated in a Court of Law.
However Jeyakumars lawyers have every reason to hold their heads high. They
won the first 2 rounds of the hearings. On 11th April 2000, they argued
convincingly that the procedures such as Order 18 Rule 19 of the High Court
Rules cannot be imported to an Election Court. The Judge ruled in their
favour and awarded costs to the petitioner. On 15th May 2000, Jeyakumars
lawyers countered Cyrus Das contention that a proper Notice was not served
as per Rule 15. Dato Wan Adnan ruled that the notice was adequate. The
knock-out punch on 10th July 2000 which settled the matter in the favour of
the respondent, was not thrown by the respondents lawyers, and petitioners
lawyers were not given any proper avenue to respond to it!
It is a sad day for democracy in Malaysia, said Jeyakumar speaking to
reporters after the adjournment of the Election Court. We brought this
issue to the Election Court because we believe that the practice of
registering non-resident voters undermines the democratic right of the
genuine voters of Sg Siput to choose their own representatives. We have
spent time preparing for this case and have a lot of evidence that we wished
to present to the Court.
We are disappointed, though not surprised with the way this has turned
out said Dr Mohd Nasir, the Protem Chairman of the Parti Sosialis
Malaysia. However are not giving up on this issue. We will continue to work
for elections that are free and fair.
Prepared and reproduced for the Press :
S,Arutchelvan
Tel : 019-2409612
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