Re: ULTRA HOT NEWS - MUST HELP TO SPREAD ASAP! ISD Arrest Threat cause Tg Pagar Walk
It would good that that the nominators as you mentioned come forward to give their story to you. Can you get hold of the nominaitors from the other parties to vouch for the testimonies? That would lend weight.
I really doubt that LEEgime would dispute on the facts of the case. Regarding what happened and so on, I expect basically the both sides would not dispute.
LKy's position most likely is: I went for my nomination early as usual, and handed my papers and sat there to wait. I saw half way the oppo came, but their nomination was no completed within time and the Returning Officer declared me winer uncontested. What else you expect?
Election Dept is the key.
Because their boss LKy sat there to watch, they dare not proceed to complete the nomination process passing 12 noon sharp. They fear for their rice-bowls.
So they aborted the nomination for opposition and find excuses to cover their lame ass.
Nomination papers
27. —(1) Any person eligible for election as a Member of Parliament in accordance with the provisions of the Constitution may be nominated as a candidate for election. (2) A person may be nominated to be a candidate for election only by means of a nomination paper in Form 9 in the First Schedule, which shall —<dl>(a) set out the name, identity card number and occupation of the person;</dl><dl>(b) be signed by a proposer and a seconder, and 4 or more persons as assentors, each of whom must be a person whose name appears in the register of electors for the electoral division in which the person seeks election;</dl><dl>(c) contain a statement, signed by that person, to the effect that he consents to the nomination; and</dl><dl>(d) contain a statutory declaration by the person seeking nomination stating that he is qualified to be elected. [18/2005]
</dl> (3) Every candidate shall, at the time of his nomination, deliver to the Returning Officer —<dl>(a) [Deleted by Act 18 of 2005]</dl><dl>(b) a political donation certificate issued to him by the Registrar of Political Donations under section 18(4) of the Political Donations Act (Cap. 236). [20/2000; 18/2005]
</dl> (3A) If the statutory declaration which is required by subsection (2)(d) to be made is not so made, or the political donation certificate which is required by subsection (3)(b) to be delivered is not so delivered, the nomination of the candidate shall be deemed to be void. [20/2000; 18/2005]
(4) The Returning Officer may, at any time between the date of the notice of the writ referred to in section 25 and 12 noon of the day of nomination, supply a form of nomination paper to any registered elector requiring it.
http://statutes.agc.gov.sg/non_vers...art&segid=1302774356-000878#1302774357-000955
What the above section 27 sub 4 say implies that a candidate can still step into the nomination place by 11:59:59 and demand a blank copy of nomination paper to get himself nominated. If the law says returning officer may supply the nomination paper at 12 noon, the purpose of this law implies that the nomination process must be deemed to begin at demanding a nomination paper from the returning officer. There should be no purpose of such provision by law unless the returning officer accepts the candidates' nomination after he filled up the paper within a reasonable time after being given the paper as the law said.
This means NTS etc had been short-changed of time by election dept.
If the purpose of the law is meant to be rejecting NTS's nomination like that way they did, then law would had to state otherwise. No purpose to provide a nomination paper just before 12 noon if candidates are not given time to complete filling their paper, you may take 10 mins to fill up the form, and it would be by then 12:10 pm already.
The law also said:
http://statutes.agc.gov.sg/non_vers...art&segid=1302774356-000878#1302774357-001235
Proceedings on nomination day
29. —(1) The Returning Officer shall, on the day of nomination, attend at the place of nomination from 11 a.m. until 12 noon to receive nomination papers and political donation certificates issued by the Registrar of Political Donations and certificates (if any) issued under section 27A(6) (referred to in this Act as nomination papers). [10/88; 20/2000;18/2005]
(2) Every such nomination paper and certificate shall be delivered to the Returning Officer, in duplicate and in person, by the person seeking nomination accompanied by his proposer, seconder and at least 4 assentors, at the place of nomination between 11 a.m. and 12 noon (both times inclusive) on the day of nomination, and if not so delivered, shall be rejected.
This is what I expect the election dept to swear by and argue.
If you read sections 27 & 29 there is an illogical loop-hole because a reasonable time to fill up the form had been neglected.
That means to say by 12 noon I can still ask for a form, but at the same time have to complete filling it within zero second and deliver it to he returning officer.
What is exactly DELIVERED? If the paper is transported from candidate's home into the nomination place where returning officer is supposed to be accepting the paper, is it considered as DELIVERED. If the paper is simply placed on the returning officer's desk in the nomination place is it already DELIVERED? Or must the paper be shafted up the asshole of returning officer only to be counted?
The law only said accompanied by proposer etc, it did not say how accompanied. That means it is wrong in law that returning officer demanded that all that 5 candidates and the proposer seconder assentors to be directly in front of his desk / counter to be counted. As long as they are arrived within the nomination place visible to the returning officer is enough. Law only said paper to be DELIVERED in person, do you need 5 men to hold on to the paper together and hand it to returning officer? It is reasonable that just one candidate to be at the desk by 12 noon with the paper. The rest are all in the hall by 12noon, it is up to the officer to call them to the desk by names read out from the papers, or hold them there to await for their turns.
We saw that all other candidates were just sitting there awaiting to be called to the desk, including LKy.
Therefore strictly in accordance with law, NTS & team had fulfilled their own parts as required by law. The returning officer was just sucking up to LKy on the wrong ball and stretched the law. May be he fear failing to let LKy walkover as usual, will get himself into trouble.
These we can all argue in the court.