17 June 2019

Malaysia | Election Court dismisses petition to declare Jasin GE14 result null and void

The Election Court on 12 June 2019 rejected a petition filed by Datuk Seri Khairuddin Abu Hassan, the candidate for the Jasin seat during the 14th General Election (GE14).

The petition was filed by Khairuddin in June 2018, alleging that fellow candidate Ahmad Hamzah was not elected legally and therefore the election results should be declared null and void, and that fresh elections should be held.

Judge Abu Bakar Jais dismissed the petition on the grounds that the petitioner had failed to prove that the element of non-compliance under the Election Offenses Act 1954 had affected the result of the election.

Referring to the statutory provision of section 32(b) of the Election Offenses Act 1954 which requires non-compliance to be proven, the Judge stated, “Since the petitioner is relying on this ground, it cannot be disputed. It must be proven the non-compliance had affected the result and (in this case) it was not proven.”

He went on to explain, “Furthermore, none of the polling agents and candidates had objected during vote counting and they had wholeheartedly accepted the election result. They saw with their own eyes every vote given to the candidates.”

Judge Abu Bakar ordered the petitioner to pay costs totalling RM400,000 — RM200,000 to Ahmad as the first respondent, and RM200,000 to the second respondent, Jasin parliamentary seat returning officer Zamrud Yahya, and third respondent, the Election Commission.

Dato’ Firoz Hussein Ahmad Jamaluddin, head of Zaid Ibrahim & Co. (a member of ZICO Law)’s litigation and alternative dispute resolution practice, represented Zamrud Yahya and the Election Commission in this case.

Malay Mail link: //www.malaymail.com/news/malaysia/2019/06/12/election-court-rules-bn-win-in-jasin-valid/1761548