PETALING JAYA: Elections have previously been postponed for individual seats when a candidate dies days before the polling date.
Elections analyst Dr G. Manimaran said the last time this happened was in 1982 for the Gemenceh state seat in Negri Sembilan.
This happened when Barisan Nasional’s original candidate, Datuk Mohd Taha Talib, who was then the Negri Sembilan state assembly speaker, was murdered eight days before the April 22 general election that year.
His political rival and former culture, youth and sports minister Datuk Mokhtar Hashim was later convicted for the murder.
A by-election was later held for the seat, which was won by Barisan’s Waad Mansor.
Manimaran said election was also postponed in 1969 when the Melaka Selatan candidate died.
“New elections were called (for both the Gemenceh and Melaka Selatan seats). The Election Commission (EC) has the power to stop polling under Elections (Conduct of Elections) Regulations 1981, Regulation 11(6),” he added.
Commenting on the Padang Serai seat following the death of Pakatan Harapan candidate M. Karupaiya, Manimaran said the election for the seat would be postponed and polls would be held on a separate date.
He said Pakatan would also have to nominate a new candidate.
“It will be considered as a by-election,” he said.
He added that Karupaiya’s name would not appear in the ballot paper.
Constitutional expert Emeritus Prof Datuk Dr Shad Saleem Faruqi also agreed that elections cannot go on in the Padang Serai constituency under the law.
“The EC will countermand this election order and set a new date for nomination and election in this constituency,” he added.
Providing a different opinion is constitutional expert and lawyer New Sin Yew.
He argued that the election for Padang Serai should go on despite Karupaiya’s death with a by-election at a later date.
“Reg 11(6) states that an election can be called off only if the candidate dies before the poll has commenced.
“In this case, a poll has commenced. Early voting was on Nov 15,” he said.
“If the late M. Karupaiya wins in the election, his seat will be vacated and a by-election will be called at a later date.
“But all these will only happen much later when Parliament sits and a Speaker is elected,” he added.
