The Election Court in Seremban has ruled that the Rantau state seat is vacant and a new election is to be held.

The seat was won uncontested by former Negeri Sembilan menteri besar Mohamad Hasan in the last general election after his challenger from PKR, Dr S Streram, was not allowed to submit his nomination papers on April 28.

Mohamad is also the Umno deputy president.

Streram had been denied entry into the nomination centre on the grounds that he did not have an Election Commission (EC) pass with him.

In her ruling this morning, Justice Azimah Omar said there is no written law or requirement for a candidate, his seconder or proposer to have passes to enter the nomination centre.

"This amounts to discrimination against the petitioner (Streram) and a disruption of the democratic process.

"Counsel for the EC and returning officer Amino Agus Suyub had admitted in their submissions that there is no written law or regulation governing the need for passes for the three individuals mentioned," she added.

The court further ruled that the returning officer did not follow the rulebook when preventing the PKR candidate from entering, as he knew Streram was outside the nomination centre.

"His actions are unethical and lack integrity (in the running of the election). The prevention is a violation of Streram's right as a candidate.

"He was prevented from filing his nomination papers and such unlawful action is inappropriate, as it violates his constitutional right to be a candidate, and his right as a voter which is protected by the Federal Constitution," Justice Azimah added.

Justice Azimah in her judgment also noted that police had investigated upon receiving two reports from Streram on April 29, a day after the nomination day and also on May 5.

She said that the investigating officer testified and told the court that the police had recommended action be taken under Section 4g of the Election Offences Act on Amino Agus.

"However, the state prosecutor decided against it as there is an election petition filed," she said on the testimony of the investigating officer.

The judge also admonished Amino Agus as a liar and the court had found him to be in contempt of court for trying to coach the next witness in his assistant returning officer Daing Muhamad Rahimi and had sentenced to three months jail but this matter is on appeal.

A day before nomination day, Streram had taken the nomination form and paid his deposits to run in the state election and hence the returning officer, as his lawyers argued, should have known there is another candidate running for the post of Rantau assemblyperson.

As a result of this illegality, which constitutes an election violation, Justice Azimah said she had to rule the seat vacated and nullify Mohamad in winning the seat.

"Let the natural justice process take its due course and the right of the voters to choose the candidate via a democratic process be done due to the impropriety of the petitioner (Streram) not being able to contest," she said.

Throughout her judgment, the judge referred to the video recordings as clear evidence that Streram was prevented to enter the nomination centre and that two EC officers had went out and were informed of Streram's presence but he was denied entry.

She ordered Amino Agus to pay RM30,000 in costs.

Mohamad to consider appealing

Both Mohamad and Streram were in court to hear the judgment before a packed courtroom.

Streram said he was overjoyed by the decision as it had restored his and the voters' right to choose a candidate for the Rantau seat.

This is a strong judgment, he said, as it recognises that the democratic process had been affected when he was not allowed to contest.

"I hope to be the candidate in the by-election," he added.

Streram said he had worked in the constituency for more than two years, and despite not being able to contest, he had been appointed by the Pakatan Harapan state government as the coordinator of the Rantau state seat.

Meanwhile, Mohamad said he would consult his lawyers on whether to appeal the decision.

"I respect the court's decision. I have 14 days to file an appeal after consulting my lawyers," he added.

Streram was represented by lawyers Mohd Haniff Khatri Abdulla, Rafique Rashid Ali and Sreekant Pillai while Mohd Hafarizam Harun appeared for Mohamad. The EC was represented by lawyers from Shearn Delamore.

At present, Harapan has 19 state seats in Negeri Sembilan. PKR has six seats,  DAP has 11 and two are Amanah's.