KUALA LUMPUR, JULY 15- Pakatan Rakyat has filed a suit today against the Election Commission (EC) officials over the use of the indelible ink in the 13thgeneral election.
Pakatan leaders today said they are suing EC “top leadership” following contradicting remarks regarding its silver nitrate content of the indelible ink.
They accused the EC leadership of a “willful act of fraud to make the the indelible ink fail”.
“It is not negligence, or inexperience but a deliberate attempt to make it fail knowing that the indelible ink was the most effective way to prevent multiple voting,” Subang MP R Sivarasa told a press conference today.
“Our main relief is the declaration that the EC has failed to perform its constitutional duty and maliciously and dishonestly practiced fraud with the misuse of indelible ink during GE13,” he added.
Sivarasa said that if the court agrees with their suit, “then the logical conclusion is that the results will be declared void”. “All 222 seats will be declared void and fresh election must be conducted.”
“(Moreover), we are urging the courts to ask for the removal of the current EC members,” he added.
Seeking monetary damages
Sivarasa named PAS’ Dzulkefly Ahmad, DAP’s M Manogaran, PKR’s Saifuddin Nasution as well as two voters named Ariffin and Abol as plaintiffs of the suit.
Pakatan stressed that they are not suing the EC as a whole, but only the individuals involved.
The seven defendants named are members of the EC leadership board including chairman Abdul Aziz Mohd Yusof and deputy chairman Wan Ahmad Wan Omar.
“We are saying (to the seven defendants) that you as individuals jointly perpetrated this fraud,” Sivarasa said, adding that Pakatan is seeking monetary damages from the civil suit.
“We are seeking monetary damages as a means for them to take responsibility.
They will be asked to pay the cost and expenses of the new GE,” he said.
However, Sivarasa acknowledged that it would be a “long process” before a writ summon could go to full trial, and further expected the courts to “strike off the case”.
“We will argue when that happens (if case is struck off),” he assured. “We are hoping for a quick and early trial, and for it to be disposed as quickly as possible”.
Disclose name of ink supplier
Meanwhile, Seremban MP Anthony Loke again urged the EC to reveal the name of the ink supplier.
“We have many times asked them to reveal the name, but they want to protect the supplier.
This is highly suspicious,” he said. Loke added it was “unacceptable” for the government to protect the supplier on the grounds of “security reasons”. “There is no reason to protect the supplier.
That is why we have no way to pursue the matter besides going to court.”
Recently, Abdul Aziz announced that the controversial indelible ink would again be used in the upcoming Kuala Besut by-election.
Last week, Minister in the Prime Minister’s Department Shahidan Kassim said the EC will not reveal the name of the supplier of an indelible ink for by-election to avoid the matter from being manipulated by irresponsible quarters.
He also said the colour of the indelible ink would also not be known until the polling day.
The Kuala Besut by-election is the first since national polls was held on May 5 this year.
The by-election is called following the death of its incumbent, Dr Abdul Rahman Mokhtar 55, of Umno due to lung cancer.
