PETALING JAYA: There is no easy solution to the woes of the Perlis state assembly, with experts divided as to whether by-elections could end the political storm.
While by-elections may not be required to fill the vacancies, it could give rise to questions surrounding representation and legitimacy in the assembly, said Universiti Sains Malaysia’s political science expert Datuk Prof Dr Sivamurugan Pandian.
“The general understanding is that we do not have to hold by-elections after the three-year threshold had passed since the first sitting of the state legislative assembly.
“But, constitutionally, any vacancy must still be filled and the mechanism is by way of a by-election,” he said yesterday, adding that the lapse of the three-year mark does not remove the obligation to fill vacancies.
“In other words, after three years, vacancies can no longer be left unfilled unless there are truly exceptional circumstances such as an imminent dissolution of the state assembly.”
Perlis Speaker Rus’sele Eizan has submitted an official notice to the Election Commission (EC) about the vacancies for the Chuping, Bintong and Guar Sanji state seats in Perlis.
The three – Chuping assemblyman Saad Seman, Bintong assemblyman Fakhrul Anwar Ismail and Guar Sanji assemblyman Mohd Ridzuan Hashim – were sacked by their party after they signed statutory declarations (SDs) saying they had lost confidence in the then Mentri Besar Mohd Shukri Ramli, who was also from PAS.
Five Bersatu assemblymen had also signed SDs.
Shukri has since been replaced as Mentri Besar by Abu Bakar Hamzah from Bersatu.
Although acknowledging that the three-year threshold has passed, Rus’sele had previously said the vacancies should be filled by way of by-elections.
The Perlis State Legislative Assembly held its first sitting on Dec 19, 2022, and the three-year mark lapsed 11 days ago.
The current situation would leave PAS with six seats, Bersatu with five and PKR one in the 15-seat state assembly.
Sivamurugan said the EC will have to consider the notification by Rus’sele before making a decision.
“If confirmed, the by-elections will proceed. If the status quo is maintained, this could raise political and legal questions about representation and legitimacy,” he said.
If a situation arises where voting in the state assembly is hung, he said, Rus’sele could cast a vote to break the impasse.
Geostrategist and National Council of Professors Fellow Prof Dr Azmi Hassan feels that the vacancies should be maintained although it leaves Abu Bakar’s administration with slim support.
“If the by-elections are held, there is a good chance of PAS retaining the seats.
“If this happens, this would mean that the Perlis government would become a minority government with Bersatu not having much say in it,” he said.
Such a situation, he added, could prompt Abu Bakar to dissolve the state assembly.
“This is something which should be avoided,” Azmi added.
Universiti Teknologi Malaysia’s Assoc Prof Dr Mazlan Ali said that while Rus’sele has the discretion to announce the current vacancies, it should only be done after obtaining the blessing of the Perlis Ruler.
“The Speaker’s decision may be valid but he may face challenges if seeking by-elections to fill the unexpected vacancies,” he said.
Mazlan, too, said the current situation could result in a stalemate in the state assembly with regards to the passing of Bills.
If by-elections are held, he said PAS would likely win the seats, resulting in further political quagmire in Perlis.
“A vote of no confidence could then be moved against the Mentri Besar.
“Before this can happen, the Mentri Besar could seek the Ruler’s consent to dissolve the state assembly to hold statewide elections,” he added.
