Apex court orders full trial of Jasin election petition
The Federal Court today ordered a full trial of the election petition on the outcome of the Jasin parliament seat in Malacca.
Last October, the Elections Court in Kuala Lumpur ruled that BN candidate Ahmad Hamzah would retain the seat which he won in the 14th general election.
The Federal Court today ordered a full trial of the election petition on the outcome of the Jasin parliament seat in Malacca.
Last October, the Elections Court in Kuala Lumpur ruled that BN candidate Ahmad Hamzah would retain the seat which he won in the 14th general election, after striking out the petition.
Judge Che Mohd Ruzima Ghazali had said the petition by Pakatan Harapan candidate Khairuddin Abu Hassan should have been filed in the Malacca High Court as the election was held in that state.
However, the apex court panel headed by Chief Justice Richard Malanjum unanimously agreed with Khairuddin's counsel Gopal Sri Ram that the Elections Court, which sat in Kuala Lumpur, had the jurisdiction to hear the matter.
This is after Sri Ram told the apex court that the Federal Constitution says there are two High Courts namely the High Court of Malaya and High Court of Sabah and Sarawak, and the Jasin petition can be heard at the Election Court in Kuala Lumpur which is part of High Court of Malaya.
The panel also agreed that Khairuddin, who filed an appeal over the decision, had pleaded proper particulars.
"We agree on the two issues and we allow the appeal,” said Justice Malanjum.
The particulars that Sri Ram was alluding to was not corrupt practice, as claimed by the election judge, but listed in the petition is Section 32(b) which is non-compliance with provisions on written law relating to the conduct of any election and such non-compliance had affected the result of the election.
Khairuddin's complaint was on Form 14, which stipulates the results of each stream, was not signed.
Meanwhile, Sri Ram asked that the matter be heard before another election judge, to which Justice Malanjum consented.
The chief justice also ordered Ahmad to pay costs of RM20,000.
The other judges on the panel were the Chief Judge of Sabah and Sarawak David Wong Dak Wah, Federal Court judges Alizatul Khair Othman Said, Rohana Yusof and Tengku Maimun Tuan Mat.
Ahmad was represented by Mohd Hafarizam Harun while Firuz Hussein Ahmad Jamaluddin appeared for the EC.
Justice Malanjum said full written grounds will be provided by the apex court.
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