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Thread: Ge13 ep: It’s official, Pakatan goes to court to dismiss all GE13 results

   
   
       
  1. #1
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    Ge13 ep: It’s official, Pakatan goes to court to dismiss all GE13 results

    It’s official, Pakatan goes to court to dismiss all GE13 results



    JULY 15, 2013

    Pakatan Rakyat today went for the jugular – asking the High Court to set aside results of all 222 parliamentary seats in GE13, disband the discredited Election Commission and order fresh polls.


    This unprecedented move, probably the first in any Commonwealth country, was made necessary because the indelible ink fiasco caused massive cheating, destroyed the integrity of GE13, and deprived the opposition pact of a legitimate opportunity to form the federal government of Malaysia, said Pakatan Rakyat in a suit which was filed this morning.


    It noted that some 30 parliamentary seats were lost by Pakatan Rakyat by fewer than 10 per cent of the votes.





    “Therefore even if a small percentage of dishonest voters were able to wrongfully vote more than once because of the deliberate failure of the EC to implement indelible ink, they were sufficient to affect the results in a significant number of seats,” said the opposition in a statement of claim.


    Copies of the statement of claim were distributed to the media at a press conference in the Parliament lobby.


    In addition to zooming in on the many instances in which the full-proof ink was washed away with relative ease, the plaintiffs PKR, DAP and PAS also trained their guns on seven members of the EC. Each of them is being sued in their personal capacity and will have to pay exemplary damages if they lose.


    In addition to the three Pakatan Rakyat political parties, other plaintiffs to this action are opposition candidates Dzulkefly Ahmad, M. Manogaran, Saifuddin Nasution, Arifin Rahman and R. Rajoo, who all lost by narrow margins.


    In a detailed claim, the plaintiff painted a picture of an EC whose partisanship and bias towards Prime Minister Datuk Seri Najib Razak and the Barisan Nasional in the run-up to the polls caused it to lose public confidence and stray far away from its stated objectives, as laid out in the Constitution, namely, to be independent and impartial to all political parties.


    The plaintiffs argued that the EC chairman Tan Sri Abdul Aziz Mohd Yusof and his deputy, Datuk Wan Ahmad Wan Omar, are accustomed to accepting instructions from the Prime Minister and members of the Cabinet, thereby shattering any semblance of neutrality.


    But the spine of Pakatan Rakyat’s case against the EC was the indelible ink fiasco in GE13. It lay the blame squarely on the commission for the deliberate and fraudulent failure of the ink that allowed voters to vote more than once.


    The plaintiffs noted that Abdul Aziz assured Malaysians that the ink would contain 4 to 7 per cent of silver nitrate and would last for at least 7 days. This assurance was especially important in the case of advance voting, which took place on April 30, five days before polling day.“A key mechanism to prevent such multiple voting was the use of indelible ink on all advance voters which had to remain on their finger until 5 pm on May 5, 2013, when polls closed,” the statement of claim read.


    But numerous police reports were lodged that the advance voters easily removed the ink by using petrol, alcohol swabs and even soap. In addition, not a single EC returning office informed the EC Secretary of the systemic failure of the ink during the advanced voting phase and this “clearly infers that this was an instruction for the EC in order to cover up fraud’’, the claim said.
    Two days before the polls, on May 3, opposition politicians Tian Chua and Nurul Izzah visited the EC’s office in Putrajaya and requested the list of those who had voted on April 30, to independently verify if any multiple voting was going to take place on May 5. They also wanted the ink to be checked by an independent laboratory. But the EC did not accede to the requests.


    Instead, Abdul Aziz threw a curve ball, announcing that the ink in Malaysia contained only 1 per cent silver nitrate.


    “The EC dishonestly, maliciously and willfully decided to reduce the level of silver nitrate in the indelible ink to enable it to be easily washed off so that dishonest voters could vote more than once,” the plaintiffs contended.


    Abdul Aziz and other defendants tried to explain the lower level of silver nitrate, saying that a higher level of the silver nitrate would cause internal organ failure. Therefore, herbal ingredients had been used. But the Health Minister Dr S. Subramaniam on June 6 denied that his ministry had been asked to provide a safety report on the ink as alleged by the EC. In addition, a voter, a chemist by training, disputed that silver nitrate was a health hazard.


    To top off this alleged double talk and half-truths about the silver nitrate, Tan Sri Shahidan Kassim, the Minister in the Prime Minister’s Department, said that food dye instead of silver nitrate was used in the indelible ink.


    As a result of fraudulent or dishonest conduct on a massive scale, as many as hundreds of thousands of voters washing off ink from their fingers and re-voting completely changed and polluted the election process in all 222 constituencies, the plaintiffs said.


    The EC aided and abetted voters to vote more than once.


    In addition to wanting the High Court to nullify GE13 and call for fresh elections, it also sought that:


    * all the EC members be removed from office because of their fraudulent behaviour.


    * that until the results of a fresh general election are known, the Federal Government shall remain in office as a caretaker government.

    * each of the defendants pay exemplary and general damages to the plaintiffs but without recourse to the Consolidated Fund. – July 15, 2013.
    py

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    Monday, 15 July 2013 16:13



    LANDMARK SUIT TO DETERMINE MSIA'S FUTURE: Pakatan sues, new GE if EC loses



    Written by Wong Choon Mei, Malaysia Chronicle




    UPDATED VIDEOS INSERTED KUALA LUMPUR - Pakatan Rakyat has filed a civil suit against all 7 panel members of the Election Commission, making them personally liable for allegedly defrauding Malaysian citizens over the indelible ink used in the May 5 general election.


    "This will mark how we conduct elections in the future, it will place a higher burden on the EC officials who have no qualms in showing their bias towards the Barisan Nasional so far. We need to have free and fair elections and also a highly credible Election Commission, and if we don't, they have to pay," Nurul Izzah, MP for Lembah Pantai, told Malaysia Chronicle.


    "I hope this (suit) happens as quickly as possible because we are having the Kuala Besut by-election right now, can you imagine, and re-delineation (of constituency boundaries) by the end of the year. So this has to happen."



    What is Pakatan asking for? Statement of claims to be posted online


    At a press conference in Parliament House, Pakatan leaders had said the indelible ink used in the 13th general election had turned out to be easily removable, thereby tainting the credibility of the outcome of ballot since multiple voting could easily occur, which the indelible ink was supposed to block.


    "We want this fraud to be exposed in court, we want a specific court case to expose this issue. The main relief is a declaration that the EC failed to do their duty, they malicious and deliberately practised the fraud," said PKR vice president Sivarasa Rasiah, who is also the Subang MP.


    "We are also asking therefore that elections in all 222 seats be declared null and void and because we cannot have members in EC coming back to perpetrate the same fraud, we are asking the court to remove all 7 of the panel members."


    Nurul will be uploading online the 56-page Statement of Claims against the EC panel for the people to scan through.



    All 7 have to pay up, new GE if Pakatan wins


    The suit was filed by the three Pakatan parties, PKR, PAS and DAP, together with 3 of their candidates and two voters against all 7 members of the EC management panel at 10am this morning.


    The candidates are PAS' Dzulkefly Ahmad who contested the Kuala Selangor seat, DAP's M Manogaran in Cameron Highlands and PKR's Saifuddin Nasution in Bandar Kulim. All three had lost by wafer-thin margins. Two voters, Arifin Rahman and R. Rajoo, are also parties to the suit.


    The 7 members of the EC panel sued in their personal capacity are chairman Abdul Aziz Mohd Yusof, deputy chairman Wan Ahmad Wan Omar, Mohamad Ramji Ali, P Manogran, Christopher Wan Soo Kee, Md Yusop Mansor and Abdul Aziz Khalidin.


    "This is another point we want to stress that the EC members can no longer hide behind the facade of the institution or the government. We say they have willfully committed this fraud and they have to be liable if they are found guilty," said Siva.


    If found liable, the EC panel would be discharged in disgrace and a new general election called. All 7 EC members would also have to bear damages if awarded by the court, plus legal costs which the plaintiffs are also seeking, as well the costs of holding a new general election.


    Laughing stock


    Prime Minister Najib Razak's BN coalition had claimed a 133-seats victory over the Pakatan's 89 in the recent election. The Pakatan led by Opposition Leader Anwar Ibrahim had refused to concede defeat, pointing to the widespread public complaints of the indelible ink washing off within the hour of application although it was supposed to stay on from between 4 to 7 days.


    Apart from the ink, there has been controversy over advance and postal voters as well as widespread claims of vote rigging and using foreign workers from Cambodia, Indonesia, Myanmar and Bangladesh to pretend to be Malaysian citizens and vote under phantom or faked name registrations.


    Despite heavy public pressure, Najib has refused to acknowledge any wrongdoing even though Minister in the PM's Office Shahidan Kassim has admitted the ink did not contain silver nitrate (the chemical that makes the ink indelible) but only food coloring.


    Pakatan also fears that a redrawing of constituency boundaries due to be conducted before the end of this year will worsen the gerrymandering already put through by BN and want the EC panel removed, with a bi-partisan committee formed before such a project is launched.


    Despite winning 133 seats, Najib's BN only got 47% of the total votes cast. The Pakatan received 51% of the votes despite capturing the smaller share of seats. The discrepancy, due to the gerrymandering, has been slammed as it underscores the uneven playing ground in favor of the BN in the electoral system.


    "We are a laughing stock in the eyes of the world," said Siva.


    Malaysia Chronicle




    Full article: http://malaysia-chronicle.com/index....#ixzz2ZCHdmzxw
    Follow us: @MsiaChronicle on Twitter
    py

  3. #3
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    Election Commission acts against Pakatan’s move to void GE13 results




    BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
    SEPTEMBER 03, 2013
    LATEST UPDATE: SEPTEMBER 03, 2013 03:21 PM

    The Election Commission (EC) has challenged Pakatan Rakyat's civil suit to nullify the results of all 222 parliamentary seats in the 13th general election.


    The EC filed an application to strike out the suit citing that the action by the opposition and several individuals who lost in the polls challenges the election results in a civil court when it should be through election petitions in the election court.


    In the striking out application, the EC said that aggrieved parties could only file petitions to challenge election results once the outcome was gazetted under the Federal Constitution and the Election Offences Act.





    Election judges are selected to hear petitions and dissatisfied parties have only one round of appeal before the Federal Court.


    The EC filed the application to strike out the suit on August 29 in response to the action filed by the opposition and others.


    It said the suit by way of writ was frivolous, vexatious and abuse of court process.


    Judge Datuk Rosnaini Saub has given lawyers representing the opposition a month to file an affidavit in reply to the striking out application.


    The EC would be given another month to reply to the opposition's affidavit.


    On July 15, Pakatan Rakyat besides asking the court to set aside results of all 222 parliamentary seats, also urged that the current EC leadership be disbanded and fresh polls be conducted.


    In the statement of claim, the opposition said this unprecedented move was necessary because of the indelible ink fiasco which caused massive cheating.


    They also noted that some 30 parliamentary seats were lost by Pakatan Rakyat by fewer than 10% of the votes.


    The opposition further claimed that even if the percentage of dishonest voters who voted twice was small, it was sufficient to affect the results in a significant number of seats.


    In addition to zooming in on the many instances in which the indelible ink was washed away with relative ease, the plaintiffs - PKR, DAP and PAS - also trained their guns on seven members of the EC.


    In addition to the three Pakatan Rakyat political parties, other plaintiffs to this action are opposition candidates Dzulkefly Ahmad, M. Manogaran, Saifuddin Nasution, Arifin Rahman and R. Rajoo, who all lost by narrow margins.


    The plaintiff painted a picture of an EC whose partisanship and bias towards Prime Minister Datuk Seri Najib Razak and the Barisan Nasional in the run-up to the polls caused it to lose public confidence and stray far away from its stated objectives, as laid out in the Constitution, namely, to be independent and impartial to all political parties.


    The plaintiffs argued that the EC chairman Tan Sri Abdul Aziz Mohd Yusof and his deputy, Datuk Wan Ahmad Wan Omar, are accustomed to accepting instructions from the prime minister and members of the Cabinet, thereby shattering any semblance of neutrality.


    Pakatan Rakyat also laid the blame squarely on the commission for the deliberate and fraudulent failure of the indelible ink that allowed voters to vote more than once.


    The opposition also sought the following:



    • all the EC members be removed from office because of their fraudulent behaviour;
    • that until the results of a fresh general election are known, the Federal Government shall remain in office as a caretaker government;
    • each of the defendants pay exemplary and general damages to the plaintiffs but without recourse to the Consolidated Fund. - September 3, 2013.
    py

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