Published on 14 Jul 2013 : Pakatan Rakyat has filed a lawsuit against all seven members of the Election Commission (EC) in a bid to seek a declaration that the results of the 13th general election are null and void.
Pakatan’s uphill GE13 battle in the courts
The Malaysian Insider | July 15, 2013
The simple summary of Pakatan Rakyat’s suit in court today is that it did not get a fair election. The question now is, what can and will the courts do?
No matter how you slice or dice it, it is tough for Pakatan to win its suit against the Election Commission (EC) because courts here are loath to disturb anything to do with elections. It is even rare for election courts to overturn polls results.
What more nullifying the whole Election 2013.
Also, Malaysian courts have in recent years not demonstrated a willingness to confront the government of the day on various issues – be it conversions of minors to land matters.
That said, it is remains important for Pakatan to thoroughly detail its cases in which it believed fraud prevented it from winning on May 5, 2013. In dispute are at least 43 seats before the courts.
But what is quite clear is that the EC’s handling of the indelible ink over the past five years would have made the Keystone Kops proud. Never have we seen a commission blunder and make a hash of things the way it has.
All these years under the Prime Minister’s Department has insulated it so much so that it has fallen out of touch with the people and the need to be independent.
One hopes having parliamentary oversight will at least improve the commission because more is needed than a change of staff, and that is a change of mindset.
The commission has one job only, conduct free and fair elections. But Pakatan and other civil societies have complained that they have done the reverse.
So, the courts now have to decide whether Pakatan’s lawsuit has merits or the EC did conduct free and fair elections on May 5. – July 15, 2013.