Art Harun: EC has no power to investigate election offences

Election Commission chairman Azhar Azizan Harun.

PETALING JAYA: The Election Commission (EC) is powerless to investigate any election offences under existing laws, says Azhar Azizan Harun.

"According to the existing legislative framework, the EC does not have the power to fine or probe any election candidate or party it represents for any violation of election law, especially provisions under the Election Offences Act 1954," said the newly-minted EC chairman.

He said that investigate duties for election offences lay with other authorities and bodies.

"We wish to emphasise that the power of inquiry into any allegations of any breach of the provisions is within the jurisdiction of the relevant investigative bodies, such as the police, the Malaysian Anti-Corruption Commission (MACC) and Malaysian Communications and Multimedia Commission (MCMC)," he said in a statement on Friday (Oct 5).

Azhar also said that the EC had set up a special election campaign enforcement team (PP-KPR) to monitor campaigning processes and activities for the Port Dickson by-election, including for the previous Sungai Kandis, Balakong and Seri Setia polls.

"If the enforcement team has found or witnessed any misconduct personally or directly, we would not hesitate to report it to the relevant investigative bodies," he added.

However, he noted that the EC would not report any alleged violation if the enforcement team did not witness or detect it directly.