"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