Friday, May 3, 2013

93. What for go to GE with rotten Rolls?

I have written many times that GE13 cannot proceed without a clean Electoral Rolls for TRUE, free and fair elections.  So wasteful for the very greedy and illegal leaders.  Joshua


http://www.theborneopost.com/2013/05/03/independent-sues-ec-over-electoral-rolls/


Independent sues EC over electoral rolls

by Suraini Andokong. Posted on May 3, 2013, Friday
KOTA KINABALU: An independent candidate for N15 Api-Api state seat, who is also a voter in N16 Luyang and P172 Kota Kinabalu, yesterday filed an application for judicial review at the High Court here against the chairman of the Election Commission (EC) to undertake a thorough examination of the electoral rolls of the State of Sabah particularly the electoral rolls for N15 Api-Api.
Marcel Jude A/L M S Joseph, who named the Chairman of Election Commission (EC) as the sole respondent in his a ex-parte pplication for leave for judicial review, said he was shocked on May 1, 2013, to read in the local newspapers that according to the EC Chairman, there were 60,673 dubious entries in the electoral rolls of Sabah.
These entries include incomplete addresses, similar names appearing more than once, wrong gender and so on.
He said he is seeking an order of mandamus to require the respondent to undertake a thorough and extensive examination of the electoral rolls of Sabah particularly the electoral rolls of N15 Api-Api where the applicant is standing as a candidate; N16 Luyang and P172 Kota Kinabalu where the applicant is exercising his constitutional rights to vote; to identify the 60,673 dubious entries in the electoral rolls and thereafter to publish all the names, addresses, gender and other particulars of the said dubious entries for examination by the members of the public in Sabah and Malaysia for a reasonable period of time for the purpose of clarification and drawing objection.
He is also seeking an order of mandamus to direct the respondent to remove all of the said 60,673 dubious entries in the electoral rolls, in particular the electoral rolls for Api-Api, Luyang and Kota Kinabalu, which cannot be verified or substantiated.
He is further seeking an order of mandamus to require the respondent to remove the 60,673 dubious entries or any part thereof insofar as they are found in the electoral rolls of the state constituencies of Api-Api, Luyang and the parliamentary constituency of Kota Kinabalu.
Marcel said he also prays for an order of certiorari to quash the order of the respondent to issue the Writ of Election and the Notice of Election in respect of the state constituencies of Api-Api, Luyang and the parliamentary constituency of Kota Kinabalu by reason of 60,673 dubious entries or any part thereof insofar as they are found in the electoral rolls of the state constituencies of Api-Api, Luyang and the Parliamentary constituency of Kota Kinabalu.
He is also seeking an order of prohibition against the respondent in the issuance of the Writ of Election and the Notice of Election in respect of the state constituencies of Api-Api, Luyang and the parliamentary constituency of Kota Kinabalu until the removal of 60,673 dubious entries or any part thereof insofar as they are found in the electoral rolls of the state constituencies of Api-Api, Luyang and the Parliamentary constituency of Kota Kinabalu.
Marcel said that in the event the respondent proceeds with the state election in Api-Api on May 5, 2013 and the applicant does not emerge as the winner of the said election then the applicant prays for an order of certiorari to quash and set aside the election result and an order of prohibition against the respondent to conduct any such election until the respondent has removed the 60,373 dubious names or any part thereof from the electoral roll of Api Api.
The applicant is also seeking refund of the sum of RM8,000 paid by him to the respondent to participate as a candidate in Api Api, and damages for negligence of the respondent in issuing the Writ of Election and the Notice of Election without the removal of 60,673 dubious entries, or the disclosure by the respondent of 60,673 dubious entries to him prior to his registration as a candidate in the constituency of Api Api.
Marcel is also praying for damages for misrepresentation and failure of the respondent to issue the Writ of Election and the Notice of Election for the state constituencies of Api-Api, Luyang and the parliamentary constituency of Kota Kinabalu without the removal of 60,673 dubious entries or the disclosure by the Respondent of 60,673 dubious entries prior to the applicant’s registration as a candidate in the constituency of Api Api.
He is also claiming damages for fraud, costs and any other relief deemed fit by the court.
The court has set June 10 this year for the hearing on the application. #myvote13 #ge13

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