Sivarraajh gets court order to challenge EC's decision
MIC vice-president C Sivarraajh was today granted leave (permission) by the High Court in Kuala Lumpur to challenge the decision of the Election Commission in disallowing him to contest in the Cameron Highlands by-election.
The decision was made by Justice Nordin Hassan in chambers today after hearing submissions...
MIC vice-president C Sivarraajh was today granted leave (permission) by the High Court in Kuala Lumpur to challenge the decision of the Election Commission in disallowing him to contest in the Cameron Highlands by-election.
The decision was made by Justice Nordin Hassan in chambers today after hearing submissions.
According to Sivarraajh's lawyer Vasanthi Arumugam, the court fixed Thursday afternoon to hear the merits of the application.
In judicial review applications, leave or permission has to be gained to make sure the application is not frivolous.
It was reported that Election Commission chairperson Azhar Harun had announced that the MIC vice-president was disqualified from contesting, following the Election Court decision last November to declare the May 9 general election results won by Sivarraajh as null and void.
Azhar had also said that for the next five years, Sivarraajh "cannot be registered as a voter and vote in any election" as well as "be elected in any election."
This followed a review of Election Court judge Justice Azizah Nawawi's ruling that there had been elements of corruption in the May 9 election for the parliamentary seat.
Senior federal counsel S Narkunavathy objected to the application for leave on the grounds that there was no decision and that it was premature.
"He can still file his nomination papers and a decision be made (by the returning officer)," she said.
However, Justice Nordin ruled out the preliminary objection and said that there is an arguable case to grant leave.
Nomination day for the by-election is on Jan 12, this Saturday.
Sivarraajh filed the judicial review application on Dec 31.
In it, he named the EC as the sole respondent, where he sought leave to initiate a review and that a certiorari order to quash the decision made by the commission on Dec 28, that he cannot be a candidate and cannot vote for five years.
He also wants to set aside the report made by the Election judge dated Dec 13, as the decision is invalid as it did not follow Section 37 (1) (a) (i) and (ii) of the Election Offences Act 1954.
Sivarraajh further claimed that the punishment is disproportionate, excessive and oppressive to him and hence, sought the court's declaration to set aside the order.
Sivarraajh is also seeking for general and special damages to be calculated by the court, along with cost, should the application be granted.
Pakatan Harapan has announced DAP's M Manogaran to contest in the seat while disputed MyPPP president M Kayveas announced yesterday that he will contest.
