PUTRAJAYA (Feb 25, 2008): The Election Commission (EC) has decided that all candidates who submitted their nomination forms without the accompanying statutory declaration being stamped are qualified to stand as candidates in the March 8 general election.

In a press conference at 5pm today, obviously called in response to a protest on this matter by PAS outside the EC headquarters in the morning, EC secretary Datuk Kamaruzaman Mohd Noor said although the law required the duty stamp on nomination papers, it was the decision of the commission which comprise the chairman, deputy chairman and five commissioners to qualify the candidates.

He also said those unhappy with the decision can file an election petition in court.

It was reported in some newspapers that Johor Barisan Nasional (BN) candidates had not complied with this requirement but were allowed to stand as candidates. This morning, PAS vice-president Mohammad Sabu led a group of party members to send a memorandum to the EC on this matter.

The group tried to hand the memorandum to a senior official and when EC public relations officer Sabri Said turned up, they refused to give it to him.

It was learnt many PAS candidates had taken pains to fulfil the requirement and when it was withdrawn, they felt frustrated.

Last Thursday (Feb 21), Kamaruzaman had issued a statement on the regulation, as statutory declarations are not exempt from stamp duty under the Stamp Act and the Election Regulations.

Under Regulation 6(2A)(c) of the Election Regulation (Conduct of Elections) 1981, returning officers can reject nomination papers of a candidate if the statutory declaration did not adhere to Regulation 4(7) of the Election Regulations.

Duty stamp can be purchased at any Pos Malaysia counter for RM10, and validated at any district office. Forms can also be franked at Inland Revenue Board offices.

This was the first time the EC was imposing the regulation even though it had existed since 1981.

On Saturday (Feb 23), EC chairman Tan Sri Abdul Rashid Abdul Rahman had said the enforcement of the regulation was not a deliberate act to cause difficulties for candidates, and hoped it would not be made an issue.

On another matter concerning postal voting, Kamaruzaman said the EC will notify candidates' election agents on the date, time and venue a day before the issuance, opening and counting of postal votes.

He said polling agents who want to observe the postal voting process must prepare three copies of application forms and obtain approval from the Malaysia Armed Forces and Police two days before the postal voting is held.