Tian Chua: EC has acted ultra vires

By Neville Spykerman, The Malaysian Insider

PKR information chief Tian Chua said today the Election Commission had acted beyond its powers or ultra vires, by declaring that there will be no by-elections for the Behrang and Changkat Jering state seats in Perak.

The Batu MP said under the constitution, the EC had no authority to question the decision of the speaker of the Perak legislature.

"In the absence of any court decision or injunction, the duty of the EC is merely to set the dates and hold the by-elections, and not decide on the validity of any resignations."

He said as far as PKR was concerned the two assemblymen had vacated their seats.

Tian Chua told The Malaysian Insider that the situation was not a problem for Pakatan Rakyat and it would not need to challenge the decision in court.

"It the EC's problem and it is for the two individuals to challenge the decision of the speaker."

He also questioned the basis of the EC's decision today.

He said Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu were still missing or in hiding and have yet to appear in public to deny they have not resigned.

"Anyone can make statements in the press or through agents but that does not mean the statements are true, so how could the EC make such a decision?" he asked.

Tian Chua also took a swipe at Datuk Seri Najib Razak by claiming that individuals connected to the deputy prime minister always seemed to go missing.

"First, there was Altantuya (Shaariibuu), then there was (private investigator) P. Balasubramaniam and now the duo in Perak."

Tian Chua also said it would be business as usual in Perak for the PR state government. "We still have the majority so PR will continue the business of running the state."