KUALA LUMPUR, June 11 (Sin Chew Daily) – Constitutional expert reminds that the existing Constitution does not authorize the Yang di-Pertuan Agong, the cabinet, the Parliament or the election commission to postpone an election.

During a telephone interview with Sin Chew Daily, UTM constitutional expert Muhammad Fathi Yusof said the only way to postpone a state election or by-election is to extend the Emergency decree.

He pointed out that under Article 55(4) of the Federal Constitution, whenever the Parliament is dissolved, a general election shall be held within 60 days from the date of the dissolution and the Parliament shall be summoned to meet on a date not later than 120 days from that date. The same goes for a state election.

He said perhaps when the country recovers after the COVID-19 pandemic, the government should consider amending the Constitution to allow an election to be postponed for six months or a year, if passed in the Parliament with the consent of the Yang di-Pertuan Agong at the recommendation of the election commission.

"At this juncture, the only way to defer an election is to extend the Emergency, which is necessary during the pandemic."

Health director-general Tan Sri Dr Noor Hisham Abdullah has reminded Malaysians during a recent interview with The Malay Mail that once the Emergency is lifted, nothing will stop the previously postponed by-elections and Sarawak state election from taking place.