Defying a call supposedly from the police to withdraw his report lodged months earlier that his son residing abroad had been illegally registered as a voter, retired engineer K Sivakumar decided to file a judicial review application yesterday.
He did so accompanied by incumbent Klang MP Charles Santiago at the Shah Alam High Court .
His son Dinesh, 32, who resides and works in Britain, had complained that unkown to him, had been registered as a voter.
The 64-year-old retiree said a female officer called him on Tuesday morning saying this was a small matter as anyone's IC number could be found anywhere to be used to be registered.
Sivakumar said that she wanted him to come to the police station, which he took to be a hint to withdraw the report.
"I told her that I had lodged a police report on Jan 31 and why only now is she asking me to come to the station again. She said that the police tried to call me several times but did not receive any response.
"I told her I did not receive any calls and my handphone number is in the report.
Dismissed as small matter
"I also told her that it was not a small matter as someone had used my son's identity card to register him and this was fraud or a case of forgery. I told her that I could go to the police station," he said, adding instead he went to the Shah Alam High Court to file for judicial review.
On Tuesday, it was reported that the Selangor EC chief admitted the presence of dubious voters in the electoral roll there.
The judicial review filing was carried out by the firm of SN Fam and Co yesterday in which Dinesh named the EC and the EC chief registrar as respondents.
He is seeking a mandamus order to compel the respondents to drop his name from the rolls, and for the EC to follow Regulation 25, of the Elections (Registration of Electors) Regulations 2002 in doing so, and other relief deemed fit by the court.
In his application, Dinesh claimed that the EC was wrong in law in not dropping his name from the roll, even though the Selangor EC had been informed that he had not registered as a voter.
He also said that he did not delegate power to anyone else to register him as a voter on his behalf and that the respondents knew of the error.
He also claimed that he did not supply a copy of his identity card to facilitate the registration and questioned how his registration could have come about and was seeking the rightful orders.
Not to be taken lightly
Charles ( left ), in commenting on the case, said he had brought Sivakumar to the Selangor EC wanting to see the registration form but they said that it was with their headquarters in Putrajaya.
The Klang MP said the father wanted to have his son's name cancelled but the EC said they could not do so.
"I told them they could do so with blogger Papagamo and was told that the matter was now a police case as a report has been lodged.
"I think the National Registration Department, the Immigration Department and Umno may have conspired by asking someone else to register the overseas Malaysians as voters," he said.
Charles also lashed out at EC deputy chairperson Wan Ahmad Wan Omar for dismissing the whole episode as no big deal, saying "Dinesh's only complaint was that the registration was done without his consent.
"But since he is now a registered voter, if he is truly unhappy, then don't vote! He does not have to create such a fuss about it."
The Klang MP said this was an irresponsible statement by Wan Ahmad ( right ) as there were at least three criminal offences involved including forgery, fraud or false information and impersonation.
"This is a serious offence and should not be taken lightly. Since Dinesh's case I have been receiving calls from people in my constituency saying their names are registered when in fact they had not done so.
EC charged as irresponsible
"If this happens in my constituency and Selangor, can you imagine the implications nationwide. That is why, I alleged that the NRD, Immigration and possibly Umno and EC conspired in this.
"When I asked the EC this they did not deny or acknowledge it," he said.
Charles said Wan Ahmad as the EC deputy chairperson was truly irresponsible in making the statement as it is his task to ensure that elections are free and fair.
"This is clear that the EC does not want to clean the rolls and there exist fraud in the electoral process and at present there is no free and fair election," he said.
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