Federal Court orders full trial for Tasek Gelugor election petition
A five-member Federal Court bench today ordered the Tasek Gelugor election petition filed by Deputy Foreign Minister Marzuki Yahya go back for a full trial in the Election Court in Penang.
In a majority four-to-one decision ordering the case to be remitted back to the Election Court, Chief Justice Richard Malanjum said the court viewed that it had met requirements of the Election Petition rules and merits a full trial...
A five-member Federal Court bench today ordered the Tasek Gelugor election petition filed by Deputy Foreign Minister Marzuki Yahya go back for a full trial in the Election Court in Penang.
In a majority four-to-one decision ordering the case to be remitted back to the Election Court, Chief Justice Richard Malanjum said the court viewed that it had met requirements of the Election Petition rules and merits a full trial.
"We remit back the case to the Election Court. No order is made to costs," he said.
Marzuki, from Parti Pribumi Bersatu Malaysia had lost to Umno’s Shahbudin Yahaya by 81 votes. Marzuki (photo) was later appointed as a senator in the Dewan Negara.
Central to the issue, said Marzuki's lawyer Rafique Rashid Ali, is how the number of votes from the counting centres that were indicated on election Form 14 was different than what was displayed on the screen of the tally centre.
Besides Justice Malanjum, the other judges who were in favour of sending the case back for a full trial were Chief Judge of Malaya Zaharah Ibrahim, Chief Judge of Sabah and Sarawak David Wong Dak Wah and Federal Court judge Rohana Yusof.
The judge who dissented was Court of Appeal President Ahmad Maarop.
Last September that the Butterworth Election Court judge Hashim Hamzah allowed a preliminary objection by Shahbudin's lawyer, Simon Tan, by ruling there was a deficiency in the petition filed as it failed to furnish particulars.
Today, it was revealed to the five-member bench that the Election Commission (EC) and returning officer, as respondents, had withdrawn their preliminary objection before the start of the hearing of Umno and BN's objection in the High Court.
This may have resulted in the bench changing its position when Justice Wong pointed out that the withdrawal of their objection may have favoured the petitioner (Marzuki).
After the ruling, lawyer Rafique explained that the figures on election Form 14 – which Marzuki's supporters had obtained from the polling centres where votes had been cast – were different from those displayed at the tally centre.
"This was brought up to the EC returning officer that same night but he disregarded it. We want this matter to proceed to trial so we can ask the returning officer about the discrepancy," he said.
Furthermore, he pointed out, Shahbudin had been declared winner based on a mere difference of 81 votes.
Rafique said that he would also ask the apex court to write a judgment on this.
As pointed out by Justice Zaharah, the lawyer said the problem lies in semantics as a recount can only be done at the polling centre and not at the tally centre.
