KUALA LUMPUR, July 2- The general election process and results could be questioned in the court of law and not through investigation by any commission of inquiry, said Minister in the Prime Minister’s Department Datuk Seri Shahidan Kassim (photo).
He said it was stipulated in the Federal Constitution that the election process and results could be questioned in court.
“Article 118 of the Federal Constitution states that no election to the Dewan Rakyat or State Assembly can be questioned except through an election petition filed in the High Court where the general election is held, which has the jurisdiction (to decide on the case),” he said in his written reply to Lim Lip Eng (DAP-Segambut) in the Dewan Rakyat, here, yesterday.
Lim wanted to know whether a Royal Commission of Inquiry should be set up to investigate whether the 13th general election was fair and clean.
Shahidan said Section 35 of the Election Offences Act 1954, also stated that an election petition could be made if the petitioner felt that the general election results announced were invalid or there were individuals who were not appropriately elected.
To Lim’s question on the setting up of a Royal Commission of Inquiry to find out the facts and causes of the racial riots on May 13, 1969, Shahidan said based on Section 2 of the Commission of Inquiry Act 1950, the power to appoint the commissioners rested with the Yang di-Pertuan Agong.
He said to tackle the issues which led to the racial riots, the government had set up the National Goodwill Council and National Unity Department to foster goodwill and unity in society, besides drawing up and implementing policies and activities that could strengthen unity.
On cases of custodial deaths in the (police) lock-ups, and abuse of power and police brutality, he said the Enforcement Agency Integrity Commission (EAIC) had formed a special task force under Section 28 of the EAIC Act to investigate the cases.
– BERNAMA
