The PKR leader described the decision, which has been linked to Urban Wellbeing, Housing and Local Government Minister Noh Omar, as an abuse of power and a form of corrupt practice.
He said Noh had also abused his power in allegedly ordering local councils to provide a list of the approved projects in their areas to BN MPs.
In a statement, he called on the MACC to investigate the matter on grounds that such a directive amounted to Noh using his public office and position for gratification for himself and his BN associates.
Leong, who is a lawyer, said the directive was “ultra vires and unconstitutional as the objective and effect of his (Noh’s) actions is to punish citizens who voted for non-BN candidates in the last election and to coerce them into voting for BN in the forthcoming general elections”.
On April 19, Malaysiakini reported that a circular dated March 17 from Local Government Department Director-General Abu Bakar Johar had stipulated the directive as covering all projects in the BP1 category which comprise small-scale infrastructure projects.
Abu Bakar had reportedly said the decision was made at a meeting on the implementation of BP1 allocations for 2017 held on March 9, which was attended by Noh together with the mayors and presidents of the city and municipal councils in the country.
Leong said the move was an offence under section 23(1) of the MACC Act 2009 (Act 694) which covers wrongdoing in using one’s office or position for gratification.
“His action in issuing the directive is clearly made in relation to his personal interest to be elected as an MP and to be retained or appointed as a minister,” Leong said, adding it similarly applied towards the interests of other BN members to be elected as MPs and appointed as ministers.
He said such an interest in seeking to be retained or appointed as a minister fell within the meaning of “gratification” under section 3 of the Act which provides that the gratification includes “any office, dignity, employment, contract of employment or services and agreement to give employment or render services in any capacity.”
“If the rule of law and the constitutionally guaranteed right and freedom for a citizen to vote according to his choice is to have any meaning in Malaysia, the MACC must take immediate action to investigate and charge him and all who abet the issuance and implementation of this directive,” he said.
He added that the courts should impose a deterrent sentence upon conviction. The offence is punishable by a maximum jail term of 20 years and a fine of not less than five times the value of such gratification.
FMT reported yesterday that several councillors in Selangor were also critical of the decision highlighted in the circular.
Ahmad Irfan of the Selayang Municipal Council said the welfare of the common people would be affected as the cancelled approvals involved basic facilities like roads, drains and street lamps.
Edry Faizal of the Selayang Municipal Council called the decision a betrayal of the Selangor people. He said it would be disastrous if local governments copied the move and collected rubbish only based on the political inclination of an area.
Shah Alam City Council’s Muhammad Shakir Ameer said it showed Noh to be immature and unable to make a distinction between politics and government administration.