Azalina, who heads Barisan Nasional’s (BN) democracy and law task force, had said that in accordance with Regulation 11(6) of the Elections (Conduct of Elections) Regulations 1981, the Election Commission (EC) can only set a fresh date before the polls have started, which includes early voting.

In response, Saifuddin said Azalina’s view was “unreasonable and wrong in the principle of law”.

“The argument that early voting had begun is not a valid excuse as fresh ballots can be issued and fresh voting is feasible,” he said.

“Nothing is cast in stone as the earlier ballots can be voided. This scenario can happen to any political party.

“Hence, to ensure fairness and uniformity to all candidates and political parties, this principle must strictly apply to all.”

He said Azalina’s comment was unjustified as it deprives Padang Serai voters their fundamental rights to choose their candidate, and PH’s choice to nominate one.

Saifuddin said since it was now clear that the PH candidate had died yesterday, a replacement ought to be made.

“It must be accepted here (that) the unexpected death of PH’s candidate, M Karupaiya, is fortuitous, (or) as we say in law, an act of God.

“It was no fault of PH or anyone, in any way. Hence, the principle of loss of choice by default cannot arise here. It violates the principle of fairness.”

Karupaiya, the Padang Serai PKR chief, who was 69, had sought re-election for a second term.

He had been slated to be up against BN’s C Sivarraajh, Perikatan Nasional’s Azman Nasrudin, Pejuang’s Hamzah Abdul Rahman, Warisan’s Bakri Hashim and independent candidate Sreanandha Rao in a six-cornered fight.

In a statement yesterday, the EC said it will hold a special meeting tomorrow to “discuss setting important dates” for the Padang Serai election.