Streram sues EC, returning officer

KUALA LUMPUR: Dr Streram Sinnasamy has filed a suit for misfeasance against the Election Commission (EC) and returning officer Amino Agos Suyub for failing to accept his nomination papers for the Rantau seat in Negri Sembilan.
Streram was stopped from filing his nomination papers on April 28 and EC had gazetted the victory of caretaker Negri Sembilan Mentri Besar Datuk Seri Mohamad Hasan who was returned unopposed on May 3.
The suit which was filed through lawyer Mohd Haniff Khatri Abdulla said the defendants had failed to carry out their responsibilities under Election Act 1958.
"The defendants were responsible for tort misfeasance in carrying out their public duties," the suit read.
Misfeasance is a failure to discharge public obligations existing by common law, custom or statute.
Streram is seeking RM5 million in general damages, RM2.6 million in exemplary damages, and other relief deemed fit by the court.
In the suit, the PKR candidate detailed that he had arrived at the Dewan Sri Rembau on April 28 to file his nomination papers to contest the Rantau state seat in Negri Sembilan but was denied entry as he did not have an EC pass.
Streram said he was not notified by the EC or the returning officer that the pass is required to be granted entry.
On April 2, a friend who was managing the pass collection told him at about 4.30pm to collect his pass and he went to the district office about 6.45pm to collect the passes but the office was already closed.
However, he said a female officer who was outside the office told him he would be able to collect the passes early in the morning on the nomination day.
On nomination day, he arrived at the centre at 8am and a police officer called an officer from the EC to grant him entrance but until 9am no one from EC came out to meet him, he said.
"The voters in Rantau were also not given the choice to cast their ballots," he said in the statement of claim filed by Messrs Haniff Khatri today.
Agos later declared Mohamad as the winner since there was no other contestant for the seat.
Streram lodged two police reports and on April 30 wrote to the EC to rectify the mistake and allow him to contest.
However, in a letter dated May 4, the EC said Mohamad's victory had already been gazetted.
Streram said there was no legal requirement to have passes to enter the centre and the EC did not inform him about it when he collected the nomination form and later when he paid the deposit.

He said the EC also did not order the police to allow him, his proposer and seconder into the centre.