IT is unlikely the by-elections for the Padang Serai seat will be postponed as early voting for the general election has already been conducted, said Azalina Othman Said.

In a statement, the former law minister said there have been calls for the Election Commission (EC) to set a new polling date for the seat following the death of incumbent and Pakatan Harapan candidate M. Karupaiya.

“The calls were based on the Election (Conduct of Elections) Regulations 1981 which states that the EC is required to appoint by notice published in the gazette, a fresh date for the elections in certain cases such as the death of a candidate.”

However, she said the same regulations also state the EC can only fix another date before the polls have commenced.

“In Padang Serai’s case, early voting had commenced on November 7 and November 15 for members of the police and armed forces as well as their spouses, rendering the calls for a postponement improbable.

“The commencement of early voting also makes it impossible for a new candidate to be nominated in Padang Serai as the early votes have already been cast and cannot be recalled,” she said in the statement.

Azalina said currently there was no legal provision for the nomination of new candidates after polling had begun.

She said polling should hence proceed in the Padang Serai parliamentary constituency, and there is no need to set a new date. 

The EC is set to meet tomorrow to decide on the next course of action.

Karupaiya, 69, died yesterday afternoon after being hospitalised since Saturday. 

He was in a six-cornered fight and faced Barisan Nasional’s C. Sivarraajh, Perikatan Nasional’s Azman Nasrudin, Pejuang’s Hamzah Abdul Rahman, Warisan’s Bakri Hashim, and Independent candidate Sreanandha Rao.

“The late M. Karupaiya was an outstanding parliamentarian and a good friend to many on both sides of the aisle. My deepest condolences to his family. He will truly be missed,” she said. – November 17, 2022.