PUTRAJAYA – The Federal Court has ordered two election petitions filed to challenge the 15th general election (GE15) results of the Masjid Tanah and Kemaman parliamentary constituencies to be sent back to the high courts for a full hearing of the merits.
A three-member panel of judges led by Chief Justice Tun Tengku Maimun Tuan Mat allowed the appeals brought by a Barisan Nasional (BN) candidate and a voter from the Kemaman constituency.
Justice Tengku Maimun who presided with Federal Court judges Datuk Seri Hasnah Mohammed Hashim and Datuk Nordin Hassan heard both appeals together today.
BN candidate for the Masjid Tanah parliamentary constituency Abdul Hakim Abdul Wahid and voter Wan Mohamad Hisham Wan Abdul Jalil’s election petitions were respectively struck out by the Melaka and Terengganu election courts on February 7 and February 12 this year after the courts accepted the preliminary objections raised by the respondents in both cases.
Hakim is appealing against the election court’s decision to strike out his election petition to nullify the victory of Bersatu Masjid Tanah chief Datuk Mas Ermieyati Samsudin in GE15 for the Masjid Tanah Parliamentary constituency.
Meanwhile, Hisham is appealing against the election court’s decision to strike out his election petition to nullify the election results for the Kemaman parliamentary constituency, which was won by Che Alias Hamid of PAS.
In the court’s decision, justice Tengku Maimun said the pleadings in the election petitions for both cases were sufficient.
She, therefore, ordered both cases to be sent back for a full hearing on the merits before different election court judges.
Justice Tengku Maimun fixed May 5 for mention of Hakim’s election petition in the election court in Melaka and May 8 for mention of Hisham’s election petition in the election court in Terengganu.
On January 3, this year, Hakim filed the election petition, alleging that bribery, in the form of money and banquets, was used to woo voters in GE15.
Mas Ermieyati, who contested under the PN-Bersatu ticket won the seat, with a majority of 4,411 votes, in a four-cornered clash against Hakim, Mutalib Uthman (Muda) and Handrawirawan Abu Bakar (GTA-Pejuang).
Meanwhile, Hisham filed the election petition to challenge the election results for the Kemaman parliamentary constituency in Terengganu.
Che Alias of PAS won the seat by a 65,714 majority beating BN’s Datuk Seri Ahmad Said, PKR’s Hasuni Sudin and Pejuang’s Rosli Ab Ghani.
In the appeal today, lawyer Datuk Wira Mohd Hafarizam Harun representing Hakim and Hisham submitted that the election petitions were not defective and ought to be heard on the merits.
However, lawyer Yusfarizal Yussoff representing Mas Emieyati and lawyer Wan Rohimi Wan Daud representing Che Alias respectively argued that the election petitions lacked particulars pertaining to bribery allegations and ought to be struck out. – Bernama, May 2, 2023
