It’s a great day for democracy when the judiciary is finally looking out for the ordinary folks aka the PUBLIC.
What else can you surmise from the Appelate Court's decision to grant a stay of execution order against a High Court ruling, which compelled the EC to hold a by-election for the Kota Siputeh state seat in Kedah.
Court of Appeal judges Datuk Sulong Mat Jeraie, Datuk Kang Hwee Gee and Datuk Abdul Aziz Rahim yesterday reversed the decision by High Court judge Datuk Alizatul Khair Osman Khairuddin on the same matter.
"We can prevent an unnecessary by-election and save PUBLIC FUNDS (emphasis' mine)," said Sulong, "The correctness of the High Court ruling has not been tested in the higher courts."
Nothing was said of the legal reasoning for granting the stay, though.
Justice Alizatul had ruled that it was the constitutional duty of the EC to hold a by-election and that there was an absence of the special circumstances needed for the court to grant a stay.
There was also apparently a persuasive case law.
The combined wisdom of three judges who heard the Appeal, however, have put things back into (Ahem!) the right perspective.
What if the Higher Courts ( I assume that this case would go right up to the Highest court for deliberations) were to say that the Kota Siputeh seat is not vacant, they asked?
Wouldn’t that then lead to a waste of PUBLIC FUNDS?
Such profound wisdom.
Counsel for Election Commission cited RM200,000 as a possible starting figure to be wasted.
Now, THAT is A LOT in public funds to go down the drain.
Much like the RM2.4 million wasted in purchasing 48,000 unutilized indelible inks from the last General Election.
Conducting elections is very wasteful, it seems.
Perhaps we should just do away with by-elections especially since the vacancies would have to be refilled come the General Elections anyway.
So whether the seats are made vacant due to death or some other factors – like going AWOL for consecutive State Assembly Meetings etc – let the seats remain vacant for a while.
The other State Assemblymen can surely chip in their time to look after the other constituency, right?
After all, this is a PUBLIC SERVICE they are providing the ordinary folks, and just like PUBLIC FUNDS, "Waste Not Want Not" should be the motto adhered to.
Let’s go for just the big one every five years.
Perhaps the Election Commission can seek such a Judicial Declaration from the Judiciary.
Here's looking at you, Rakyats.