‘DAP candidates can contest in GE14’
PETALING JAYA: DAP candidates can still contest in the coming 14th general election (GE14) even if the party does not hold a fresh election for its central executive committee (CEC) as ordered by the Registrar of Societies (RoS).
Lawyer Syahredzan Johan said party members can instead opt to stand under a different party’s banner or contest as an independent.
He said there would also be no legal repercussion as there are no existing laws to prevent them from doing so.
“DAP can negotiate an agreement to have their candidates represent PKR in the seats they wish to contest. If they get elected, they can then choose to ‘jump ship’ back to DAP.
“It is similar to how some members leave their parties and join others during a single Parliament term, like what some former PAS members did when they joined Amanah,” he told theSun yesterday.
However, Syahredzan said such circumstances would only arise if DAP disregards the RoS order and loses in the subsequent court case (if they choose to bring the matter to court).
Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi had on Sunday said DAP candidates would not be allowed to contest in GE14 should the party fail to hold a fresh CEC election.
He said the party’s leadership would not be able to sign the general election nomination papers that would allow their candidates to contest, if they were not recognised by RoS.
On July 7, RoS found that DAP’s CEC re-election in 2013 was not held in accordance with requirements and declared the appointment of the CEC and the main office-bearers invalid.
Syahredzan said DAP has a good case to challenge the RoS order in court, citing a similar incident just months after the 2013 party CEC reelection.
“RoS had similarly said the reelection as invalid then, which led DAP to apply for a judicial review, only for the registrar to subsequently claim that it recognised the election, and that it was merely an advisory instead of an order.
“What this means is there is no legally-binding order for DAP to hold another re-election. So, on what basis is RoS coming up with this statement now? They (DAP) have a really good case.”
Meanwhile, the Election Commission (EC) will only decide on DAP’s eligibility to contest in GE14 after the party settles its ongoing issue with RoS.
EC chairman Datuk Seri Mohd Hashim Abdullah said the commission does not wish to interfere in the matter and it is premature to comment on the case.