The Election Commission has clarified allegations that nomination is not valid if the candidate is not present on nomination day is inaccurate.
EC chairman Datuk Seri Mohd Hashim Abdullah said under Regulation 6 (2) of Election Regulations (Conduct of Elections) 1981, the nomination form could be forwarded by the candidate and the proposer and seconder or any of the two parties or any one of them.
“Based on the regulation, it is clear there is no obstruction from the law if the candidate’s nomination form is not submitted by the candidate in person but it could be submitted by any of them, the candidate’s proposer or seconder,” he said in a statement.
He said under the regulation, the candidate’s nomination papers must be submitted to the Presiding Officer at the nomination venue between 9am to 10am on that day.
“Whether the nomination form is valid to determine the eligibility of potential candidate is subject to the existing conditions as found in the Federal constitution and the written laws relating to election,” he said.
The matter arose when some parties alleged the nomination of Datin Mastura Mohd Yazid for the Kuala Kangsar by-election would be deemed invalid if she was not present during nomination day on June 5.
The by-election on June 18 is following the death of incumbent Datuk Wan Mohammad Khair-il Anuar in a helicopter crash in Sebuyau, Sarawak on May 5.