PUTRAJAYA: In the eyes of the law, having only a chairman in the Election Commission (EC) will not affect its functions.
EC chairman Azhar Azizan Harun said all actions taken by the commission were in compliance with the provisions of the Federal Constitution and in line with the legal advice given by the Attorney-General’s Chambers on Dec 28 last year.
“To explain further, Article 114(1) of the Federal Constitution should be read with Article 114(7). In short, both provisions have summed up that the function being carried out by the EC chairman is the function of the EC and it is reasonable to be executed in a collective manner should there is no vacancy due the need of the law.
“In view of the current six vacancies of EC commission members, the laws allow the EC chairman in such condition to execute the commission’s duties. Article 114(1) and Article 114(7) of the Federal Constitution should also be read with Section 33C of the Federal Constitution’s 11th Schedulewhich clearly states that any vacancy of a commission member will not affect the decision made at that time,” he said in a statement.
Azhar said this in response to those who had questioned the commission’s qualification and status to decide on the election processes, especially concerning the Semenyih by-election, due to the six vacancies for commissioner posts that were yet to be filled.
He said the views of the law had also been referred to in the case between the Attorney-General and Nurul Izzah Anwar and 10 others, where the Court of Appeal had decided that the EC was allowed to exist and function legally even in circumstances where less than seven commission members existed, in the circumstances in which there was a vacancy.
In this respect, he said, power and the proceedings of the EC were legally unaffected by any number of vacancies occurred.
“Based on the provisions of the Federal Constitution and the said laws, it shows that the EC chairman can function in the current situation, despite he being the only one left. All decisions made are valid and allowed by the Federal Constitution,” said Azhar.
It was reported that six members of the commission, including its deputy chairman, had resigned on Jan 1, and the posts were yet to be filled. The EC consists of seven members, namely a chairman, a deputy chairman and five members.
In Cameron Highlands earlier, Umno secretary-general Tan Sri Annuar Musa had questioned whether, from a legal point of view, the EC was in compliance with the law, especially the Federal Constitution, as it currently comprised only the chairman.
“Article 114(1) of the constitution states the EC ‘shall be appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers and shall consist of a chairman, a deputy chairman and five other members,” Annuar told reporters.
Anuar said he brought up the issue as the EC was announcing the date of the Semenyih by-election.
The EC has since announced that the Semenyih by-election will be held on March 2 with nomination day set for Feb 16.