Apex court dismisses appeals, by-election for Rantau
The Federal Court has dismissed the appeals filed against the Election Court's decision to hold a by-election for the Rantau state seat in Negeri Sembilan.
The appeals were filed by the incumbent and acting Umno president Mohamad Hasan as well as the Election Commission...
The Federal Court has dismissed the appeals filed against the Election Court's decision to hold a by-election for the Rantau state seat in Negeri Sembilan.
The appeals were filed by the incumbent and acting Umno president Mohamad Hasan as well as the Election Commission.
In dismissing the appeals, Chief Justice Richard Malanjum said Pakatan Harapan candidate Dr S Streram had locus standi to file his petition. He also ruled that Streram had properly stated the election offences.
Malanjum ordered the EC and Mohamad to each pay RM10,000 in costs.
The Negeri Sembilan state seat was declared vacant by the Seremban Election Court in November last year when Justice Azimah Omar found there was no requirement for a candidate to have a pass to enter the nomination centre.
In his petition, Streram claimed that he had been denied entry into the centre on April 28 on the grounds that he did not have an EC pass.
The seat was then won uncontested by Mohamad ahead of last year's general election.
Today, Mohamad's lawyer Mohd Hafarizam Harun, told the apex court that his client should not be penalised following the actions of the EC and the returning officer.
"Streram had already filed a misfeasance suit against the EC and the returning officer, and maybe action can be taken against the police also for preventing him from filing his nomination papers," he said.
Hafarizam also argued that Streram does not have the locus to file the legal action, as he was not deemed a candidate.
However, Streram's lawyer, Mohd Haniff Khatri Abdulla, said his client has the legal standing to file the action as an aggrieved person, who was prevented from filing his nomination papers.
The EC, which was represented by Sathia Kumardas then wanted the remarks made by Justice Azimah in her judgment on the EC to be expunged as it was improper.
She also said that the requirement of the pass and Streram's non-entry were not known by the returning officer, Amino Agus Suyub.
'Won't be long'
Mohamad (in photo above), in an immediate response, said he respected the court's decision.
"I respect the decision and I have long made preparations for a by-election," he told journalists outside the courtroom, adding he would await the EC's announcement on the nomination and polling dates for the by-election.
"I feel it won't be long, God willing," he said.
Mohamad's win in the 2018 general election was to be his fourth as Rantau assemblyperson. In all prior contests, he had won the seat with more than 60 percent of the votes.
He was also the Negeri Sembilan menteri besar until 2018 when Harapan captured the state.
At present, Harapan has 19 state seats in the Negeri Sembilan state legislative assembly. PKR has six, DAP11 and Amanah, two.
Streram, meanwhile, lauded the Federal Court decision. "Justice has been done," he added.
He is confident that PKR would field him as the candidate in the upcoming by-election.
Umno was unlawful after 18 April 2018 for failing to comply with its Constitution. The RoS should send a notice of deregistration to Umno. The party can appeal to the Home Minister. Pending a reply, it stands deregistered. The EC will take note. As a deregistered party, Umno would no longer be a member of BN and cannot use its symbol in an election. If Umno fails at the Home Ministry, it can take the matter to High Court, then the Court of Appeal. In any case, Streram should be fielded in Rantau win or lose. It's a matter of principle. PAS, the wannabe Arabs, cannot claim that it's supporting Umno on the grounds Streram is the same race as the alleged killer/s of the fireman. This was its argument in CH. How does PAS know that the fireman was killed? Also, how does it know that the alleged killer/s was/were Indian?
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