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PETALING JAYA: The hands of the Electoral Commission (EC) are tied and it has no choice but to call a by-election in Batu Sapi, the president of the Council of Lawyers, Salim Bashir, said yesterday.
He noted that the Federal Constitution is very clear as to when a by-election should take place after the death of a member of parliament.
Surveys must continue even though Covid-19 is spreading in Sabah, he told the Sun yesterday.
“The only way to prevent this from happening is for Prime Minister Tan Sri Muhyiddin Yassin to advise the king to declare an emergency for that particular district.
“Those who framed our Constitution could not have foreseen the Covid-19 pandemic. They assured that the constitutional provision would be rigid and a two-thirds majority would be needed to modify it, ”said Salim.
The secretary general of the National Human Rights Society (Hakam), Lim Wei Jiet, agreed with Salim that the EC should hold partial elections for the seat.
He agreed that the only alternative is for the prime minister to advise the king to declare an emergency for that particular district.
Article 150 of the Constitution establishes that if the Yang di-Pertuan Agong is convinced that there is a serious emergency whereby the security, economic life or public order in the federation or any part of it is threatened, it may issue an Emergency Proclamation. making a statement to that effect.
Lim said the government should not simply declare an emergency despite the nation facing a pandemic, adding that it would be a very slippery slope.
Batu Sapi deputy Liew Vui Keong died on October 2 and by-elections are due within 60 days.
The seat was won by Liew de Warisan in a four-way fight with a majority of 4,619 in the 14th general election on May 9, 2018.
The EC had declared on October 6 that the by-election would be held in accordance with Article 54, Clause (1) of the Federal Constitution. It will convene a special meeting at 10 am on October 13 at its headquarters in Putrajaya.
Bar Council Constitutional Law Committee Co-Chair Andrew Khoo has proposed that a Warisan leader be appointed to fill the vacancy rather than holding by-elections.
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