PUTRAJAYA: The Election Commission (EC) is legally unaffected in terms of discharging its functions despite six positions on the seven-member panel remaining vacant since Jan 1, chairman Azhar Azizan Harun said today.
He said every action of the EC was in accordance with the Federal Constitution and in line with the legal advice of the Attorney-General’s Chambers provided on Dec 28 last year.
Article 114(1) and 114(7) of the Federal Constitution summarise that the functions performed by the EC chairman are the functions of the EC and they should be carried out collectively if there is no vacancy due to legal requirements.
“As the six vacant positions of EC members right now are vacancies under the law, the EC chairman can, under such circumstances, perform the functions of the EC,” he explained.
He said the two articles should be read together with Section 33C of the 11th Schedule of the Federal Constitution which clearly stated that vacancies on the panel did not affect the decisions made at that time.
Azhar said the Court of Appeal, in a case in 2017, decided that the EC was allowed to exist and function legally even when it had less than seven members and there were vacancies on the panel.
“As such, the EC powers and proceedings are legally unaffected by any number of vacancies (on the panel),” he added.
Umno secretary-general Tan Sri Annuar Musa yesterday questioned the position of the EC which he claimed was handled by one individual, namely Azhar, while the positions of the deputy chairman and five members were vacant.
The six positions fell vacant on Jan 1 after Tan Sri Othman Mahmood, who was the deputy chairman, and the five members, namely Datuk Md Yusop Mansur, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi, Datuk Leo Chong Cheong and Datuk Bala Singam Karupiah, decided to cut short their period of service and leave.
According to Article 114 of the Federal Constitution, the Election Commission shall be appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers, and shall consist of a chairman, a deputy chairman and five other members. — Bernama
