The Court of Appeal today by a 2-1 majority dismissed.Pakatan Rakyat’s appeal to declare the results of the last 13th General Elections null and void in a writ action because of the failure of the indelible ink, which we say polluted the entire elections.
Whilst the majority stated that the High Court had no right to nullify the elections, Justice Prasad Abraham in dissenting, ruled in our favor – agreeing that the Election Commission had a constitutional duty in the conduct of its obligations during an election poll that itmust be answerable to the public and open to scrutiny, and that these are serious matters which deserve a trial and the calling of witnesses.
It bears reminding that Major Zaidi Ahmad is now facing military court in charges related to the failure of the indelible ink. He is expected to enter his defence on charges relating to publicly expressing disappointment in the indelible ink – which he claims, washed off easily. His ongoing battle in the military court reminds us of the need to pursue the indelible ink fiasco and reprimand those responsible for its failure.
The indelible ink is an integral part of the election process – went through parliamentary approval, requiring legal amendments, and involved the Election Commission as the main body which was in control, possession of the said ink, and in the end, brazenly admitting to its failure.
Despite the assurances made by the EC that the indelible ink would last for 7 days, the Second Defendant on polling day told reporters at SMK Bukit Bandaraya polling centre in Bangsar that “I’m not worried about indelible ink washed off today because tomorrow you cannot vote”. When he was asked about the quality of the indelible ink, he said that he could not confirm the quality that was supplied by the supplier and added that even though the EC had a year to obtain the best quality ink, it was a complicated process.
This demonstrates once again we have to be vigilant and redouble our efforts to call for electoral reforms. This would include demanding for an independent boundary commission for balanced and equitable redelineation, limiting early voting and the use of biometrics along with a credible indelible ink.
I would also like to take this opportunity to thank and praise Tommy Thomas, Dato’ Ambiga Sreenevasan and the legal team that represented Pakatan Rakyat in court with regards to the failure of the indelible ink, for their diligence and hard work in the fight for electoral justice. We are conferring with them whether to seek leave of the Federal Court to challenge today’s decision.
With this in mind I and the rest of Pakatan Rakyat leadership would like call that the following be made binding and enforceable by legislation; establish Independent Boundary Commission for redelineation, use biometrics and indelible ink (with permanent formulation) and lastly, limited early voting. To become the best democracy in the world, we must begin the the basis of democracy itself, which is a free and fair elections.
NURUL IZZAH ANWAR
MEMBER OF PARLIAMENT FOR LEMBAH PANTAI
VICE PRESIDENT OF KEADILAN
