The Kota Baru High Court today declared Barisan Nasional (BN) the winner in the Pasir Puteh parliamentary seat, which was won by PAS in the March 21 general election.

The court also struck out nine election petitions filed by both BN and PAS challenging the outcome of seven state seats and two parliamentary seats.

This development does not alter the status quo at the east coast state. PAS will continue to rule its stronghold with a wafer-thin majority of three state seats.

Contacted later, Kelantan PAS legal advisor Takiyudddin Hasan ( photo ) said the court declared BN candidate Che Min Che Ahmad the winner in Pasir Puteh based on a technicality after PAS agreed with the petitioner's affidavit and evidence adduced.

Prior to this, the seat was held by PAS Dewan Muslimat chief Kalthom Othman.

The Election Commission has conceded that its official had announced the wrong candidate as the winner on polling night.

On the nine election petitions, Takiyuddin, who is also Bunut Puyong state assemblyperson, said they were struck out as they did not comply with various legal provisions on election petitions.

PAS and BN had filed five election petitions each in Kelantan . PAS had challenged the results for the Jeli and Bachok parliamentary seats as well as for the state seats of Air Lanas, Mengkebeng and Jelawat.

The BN challenge was over the results in the Pasir Puteh parliamentary constituency and the Chempaka, Kadok, Kemuning and Kota Lama state seats.

Deal struck

With the decision today, Kelantan is the first state to dispose of all its election petitions.

The hearings were held before a three-man bench comprising justices Ramly Ali, Abdul Wahab Patail and Zulkefli Ahmad Makinuddin.

PAS was represented by lead counsel Wan Jawahir Harun while BN was represented by lead counsel Zaki Azmi. attorney-general Abdul Gani Patail represented the Election Commission.

In an exclusive report on Monday, malaysiakini revealed that Umno and PAS had reached a 'gentleman's agreement' not to pursue their respective election petitions in Kelantan and Terengganu with the sole exception of Pasir Puteh.

The deal - made after talks were initiated last week between the two bitter political rivals - was to ensure that both PAS and Umno would respectively remain secure in leading the government in Kelantan and Terengganu.

The report revealed that both parties could use several options to ensure implementation of their agreement, including the submission of preliminary objections urging the court to strike out the petitions based either on technical grounds or for lack of evidence.

Asked whether today's decision confirmed the Umno-PAS pact, Takiyuddin said: "They were only professional negotiations among the lawyers (of BN and PAS) based on technical grounds. But of course, their negotiations would have had instructions from us and the other party."

He added that the court ruling was a positive development that would help PAS strengthen its administration in Kelantan.

Kelantan Umno deputy chief Zaid Ibrahim when contacted declined to comment on the development, saying he would call a press conference tomorrow.

Terengganu date

On July 4, the Election Court in Terengganu will hear eight election petitions filed by PAS and one by the BN.

If a similar pact between PAS and Umno holds, all the petitions are expected to be struck out on technical grounds or for lack of evidence, thereby allowing BN to continue ruling Terengganu.

The parliamentary constituencies being disputed by PAS are those of Besut, Kuala Terengganu, Marang and Dungun, while the state seats involve Jertih, Ladang, Sura and Cukai.

BN filed only a single petition challenging the result of PAS president and former Terengganu Menteri Besar Abdul Hadi Awang's state seat at Rhu Rendang.

PAS lost Terengganu to BN in the polls, stunning political observers who expected the Islamic party to not only retain the state but to also make deep inroads into other non-traditional bases of support.