Legal actions against elected representatives who leave the party they represent during election will not be easy as there are no legal provisions on the matter.

It may be possible to claim compensation for the cost the party had spent during an election but there are no laws in Malaysia to force an elected representative to vacate the seat they have won if they leave the party.

Political analyst Abdul Halim Sidek said a political party could not resort to the action because when an elected representative jumped from a party, they are no longer members of the party.

“Jumping party is not something new as it has been happening for a long time. If an elected representative wins and leaves the party he is representing, then his membership is automatically cancelled. If his membership has been cancelled, how can the party take action?

“Malaysia does not have special laws to prevent elected representatives from hopping party, other than through an agreement signed... even that it only involves the question of compensation,” he said when contacted by Bernama in Kuala Lumpur today.

Halim said if they wanted their elected representatives to vacate their seats, the Election Commission Act has to be amended first to put in place such provisions.

Yesterday, Umno president Ahmad Zahid Hamidi (above) said the party would be taking legal actions against elected representatives who left the party to become independent elected representatives.

He said Umno would also claim compensation for cost and the person concerned would also be required to vacate the seat won under Umno and BN in the 14th general election (GE14).

Zahid also said all elected representatives of Umno would be asked to sign a pledge that if they leave the party, or declare themselves as independent or join another party, their status as elected representative would automatically be stripped and the party would claim penalty and compensation.

The matter arose when several Umno elected representatives decided to leave the party after it lost in GE14.

For Universiti Islam Antarabangsa Malaysia law lecturer Shamrahayu Abd Aziz, the move to take up a lawsuit against those who leave the party is considered a form of suppressing the freedom of association.

“In this case, Umno is an association. When he was a member, it was the responsibility of the party to enable him to contest and if he leaves the party concerned, he would face legal action. It could be construed as suppressing the freedom of association by the party,” he said.

Shamrahayu said there should not be any conditions imposed on elected representatives as they have the freedom to association.

“But maybe the lawsuit by Umno could proceed in court as the party had spent money for them to contest under Umno,” he said.

- Bernama