REMBAU: The Pakatan Harapan (PH) government needs to prove it did not abuse its position in the run-up to the Rantau by-election if reports are lodged against it, said Election Commission (EC) chairman Azhar Azizan Harun.
He was responding to a recent statement by Finance Minister Lim Guan Eng that the East Coast Rail Link (ECRL) may benefit Negeri Sembilan, which some say contravenes the Election Offences Act 1954.
“There are many complaints from the people and netizens about government activities (during by-elections).
“But the problem is that if it’s a general election, Parliament is dissolved and there is no government.
“But because this is a by-election, they (PH leaders) conduct government activities (during by-elections).
“If the matter is reported to the police, then my stand is that the people who organised government activities have to provide justification and defend themselves,” he told reporters during a visit to Rantau police station, here, today.
Last Friday, the finance minister dropped hints that the line for the 688km rail link that would connect Port Klang in Selangor with Pengkalan Kubor in Kelantan could be re-routed if the project continues with its cost reduced.
“The cost for the ECRL project could be lowered by RM10 billion and if it is realised, then this will be good news not only for the country, but also for the people in Negri Sembilan.
“I mention Negri Sembilan because if the project is continued, the rail line will be changed.
“To the members of the press, please don’t ask me further, I can’t say much. But this is good news to Negri Sembilan,” Lim had said during a ceramah program for the Rantau state seat by-election held in Kuala Sawah here, last Friday.
However, when asked to comment further after the programme, Lim only placed his finger over his lips, in a gesture of silence.
“If the matter goes to court or is investigated by the authorities, they have to prove or justify that... it is merely a state or federal government activity, and it is for the benefit of the people and not for the voters here,” said Azhar.
Asked whether it was appropriate for Lim, who is also DAP secretary-general, to make the announcement at a political ceramah during the campaigning period, Azhar said it was not up to him to decide.
“What I say is not relevant, actually. It’s just that when reports are lodged, and if it is brought to court, the court will decide whether it was appropriate or whether it was an election offence or an abuse of power.
“I don’t want to influence the voters. I can only give advice.”
Asked whether there was a need for the government to immediately come forward and clear the air, Azhar said: “If they made such an announcement, then surely they don’t see it as an attempt to fish for votes.
“If they thought this was done to fish for votes, they wouldn’t have done it. So, what’s important is that anyone with information on alleged offences should lodge a report and the relevant authorities will investigate.”
He said should the Attorney-General’s Chambers (AGC) decide there is a case, the matter will be brought to court.
“I’m not the judge nor the jury. I don’t have the power to investigate. The power is in the hands of the people and voters. We have to understand the function of the EC. Our job is to organise (elections) and make sure they run smoothly."
On another matter, Azhar said the police have opened 15 investigation papers over alleged election offences, including campaigning without a permit, banners that do not display the publisher’s name, and banners put up by non-contesting parties.
The Rantau by-election sees a four-cornered fight between Datuk Seri Mohamad Hasan from Barisan Nasional, Dr S. Streram from Pakatan Harapan, and two independent candidates R. Malarvizhi and Mohd Nor Yassin.
Mohamad had won the seat uncontested in May 2018 after Dr Streram was unable to submit his nomination papers after being denied entry into the nomination centre for not having a pass issued by the EC.
Mohamad had won the seat uncontested in May 2018 after Dr Streram was unable to submit his nomination papers after being denied entry into the nomination centre for not having a pass issued by the EC.
The seat has 20,926 registered voters, including 118 early voters and four absentee voters.
Polling day for the by-election has been set for April 13, with early voting being held today.