"liberates us from the thraldom of the inflexible majoritarian principle which reduces the law to a sterile numbers game." Mr. Robinson further submitted that the consideration of whether there is a substantial distortion or subversion of the process of free and fair election calls for an exercise of qualitative judgment which, following Lord Denning's first principle in Morgan and Sirnuson, ante, may well result,, as it did in the c.. Hacknev case, in an election being voided in circumstances where the irregularities did not affect the result At the core of the statutory provisions governing the conduct of Parliamentary or Local Government Elections is the intent of Parliament to ensure that the democratic will of the electors prevail. That the candidate representing the choice of the majority of the electors be returned as the duly (-'; elected member. To this end the legislators have prescribed the manner in .Ld which that democratic will must be expressed and I am confirmed in the view that under section 37(e) any conduct which has the effect of substantially distorting or subverting the process of free and fair elections is inimical to the intent of the legislators. The following dictum in Re Taniona Puten' lohme State Ekcttm Petition; Abdul Razak Bin Ahmad v. Datuk M D Yunos Bin Salaimon & Anm c- 0988) M L I Lexis 545; (1988) MLllll is instructive: "To my mind; an election does not merely symbolize the citizens' right to free franchise but entails public participation in selecting the government of their choice through a process which not only guarantees

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