(Updated 3:03pm, 3 Feb 2009)
PUTRAJAYA, 3 Feb 2009: The Election Commission has ruled that Jamaluddin Mohd Radzi (PKR-Behrang) and Mohd Osman Mohd Jailu (PKR-Changkat Jering) are still Perak state assemblypersons, its chairperson Tan Sri Abdul Aziz Mohd Yusof said today.
Abdul Aziz said this was because the EC found that there were doubts over the letters of resignation from Mohd Osman Jailu as the assemblyperson for Changkat Jering and Jamaluddin Mohd Radzi as the assemblyperson for Behrang.
“The EC had looked into the matter thoroughly from the various legal aspects and hereby inform that there are doubts over the resignation letters by the incumbent assemblypersons for the two seats.
“It is also in view of the fact that both assemblypersons have consciously confirmed that both letters are not authorised,” he told reporters here.
As such, he said, the EC could not exercise the power under Article 36 (5) of the Perak state constitution in determining that there were casual vacancies.
Earlier at 11am, Abdul Aziz chaired a special meeting of the commission which lasted almost two hours to discuss the issue.
The turmoil in Perak followed the announcement by the state assembly speaker V Sivakumar in a statement that Jamaluddin and Mohd Osman had submitted their letters of resignation as state assemblypersons for Behrang and Changkat Jering respectively on 1 Feb.
On the other hand, Jamaluddin, in a two-page statement which was distributed to the media yesterday denied that he had sent the letter to Sivakumar vacating the seat as had been reported.
Jamaluddin said the report was baseless and he also denied that he had absconded but was on medical leave since 28 Jan.
Meanwhile, Mohd Osman lodged a police report at the Shah Alam Police Headquarters through a representative on the issue concerning the seat vacancy.
At the press conference here, Abdul Aziz had confirmed receiving two letters, one from Sivakumar and the other from Jamaluddin and Mohd Osman yesterday.
When asked whether the EC would conduct an investigation on the matter as it was the first time it had occurred, Abdul Aziz said it was not the task of the EC to carry out investigations.
“The EC is holding on to the two letters received and the decision made at the meeting this time, which means there is no necessity to hold a by-election in the two state constituencies concerned,” he said.
Abdul Aziz said that the letter sent by the two assemblypersons did not state whether they would be joining any other political parties except to say that the letter sent by Sivakumar was not authorised.
If there were people who were not happy with the decision, they had the right to take up the matter to court and it was up to the court to consider from the legal aspect and make a decision, he added. — Bernama