EC expects to receive notice on seat vacancy by Tuesday

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KUALA LUMPUR: The Election Commission (EC) expects to receive a notice on the vacancy of the Chempaka state seat next Monday or Tuesday.

The seat fell vacant following the death of its assemblyman Datuk Nik Abdul Aziz Nik Mat.

EC chairman Tan Sri Abdul Aziz Mohd Yusof said once an official notice is received from the Kelantan State Legislative Assembly Speaker, EC would hold a special meeting.

He said the dates for the by-election, nomination, early voting, and other matters would be decided during the meeting.

“The seat is declared vacant from today (yesterday) and EC must hold a meeting not later than 10 days,” he told Bernama here yesterday.

Nik Abdul Aziz, 84, who was suffering from prostate cancer, passed away at his residence in Pulau Melaka, Kota Baharu at 9.40pm Thursday night.

The former Kelantan menteri besar and PAS spiritual leader had held the Chempaka seat since 1990.

Meanwhile, Abdul Aziz said by-elections for the Chempaka state seat and Permatang Pauh parliamentary seat would not likely be held simultaneously.

However, he did not dismiss the possibility that the by-elections would closely follow one another although that for Chempaka would be held first.

On the Permatang Pauh by-election, he said it depended on whether or not its member of parliament Datuk Seri Anwar Ibrahim would file an appeal for pardon to the Yang di-Pertuan Agong.

“The constitution allows Anwar to make an appeal to the Yang di-Pertuan Agong within 14 days from the date of his conviction on Feb 10.

“If there is no appeal after 14 days, then we will expect to receive a letter from the Dewan Rakyat speaker,” he said.

On Thursday, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia said opposition chief Anwar would lose his Permatang Pauh parliamentary seat upon expiry of the 14 days, under Article 48 Clause 4(a) of the Federal Constitution.

He said if Anwar filed a petition for pardon within that 14 days, then his disqualification would only take effect after and if the petition decision goes against him, according to Article 48 Clause 4(c) of the Federal Constitution.

The Federal Court on Tuesday dismissed Anwar’s final appeal against his conviction for sodomising his personal assistant Mohd Saiful Bukhari Azlan, and affirmed his five-year sentence.

Chief Justice Tun Arifin Zakaria led a five-member panel in the judgement. — Bernama