The Federal Court today upheld the decision made by the High Court to strike out the Barisan Nasional's election petition to nullify the 2004 general election victory by DAP's Fong Kui Lun in the Bukit Bintang parliamentary constituency.

Justices Siti Norma Yaakob, Abdul Hamid Mohamed and Alauddin Mohd Sheriff unanimously dismissed with costs the appeal brought by Bukit Bintang BN division secretary, Gan Joon Zin, Bernama reported.

The three judges agreed with the election court decision on July 21 which struck out the petition after ruling that it was defective as the mandatory requirements were not met.

Elated and disappointed

They also allowed a preliminary objection raised by Fong's lawyer Karpal Singh in the appeal on whether Gan had locus standi (the right to bring an action) to maintain the appeal.

In a statement issued this afternoon, Fong said he was elated with the decision to rule out the petition which was first filed on April 30 but was disappointed that a lengthy court process which involved "spending unnecessary money and energy" had to take place because the MCA did not accept the earlier court decision.

"The reasons provided by the petitioners were too weak and unjustifiable and besides, MCA should have also respected the decision of the Bukit Bintang voters," he added.

Fong, the constituency's incumbent, won the seat during the March election by a mere 304-vote majority from his nearest contender MCA's Tan Chew Moi in a four-cornered fight.