P075 Bagan Datok, Perak

P072 Tapah, Perak

P061/N20 Lubuk Merbau, Perak,

P026 Ketereh, Kelantan

Federal Court allows petition against Ahmad Zahidís election victory

DECEMBER 23, 2013

Ahmad Zahid's fate will now be decided by the election court. - The Malaysian Insider pic, December 23, 2013.The Federal Court today sent back the Bagan Datoh election petition to the election court, leaving the fate of its MP, Datuk Ahmad Zahid Hamidi, still undecided.

A five-man bench led by Tan Sri Raus Sharif, in allowing the appeal by two petitioners, said anyone could file a petition.

"The petitioner does not have to physically file the petition himself," he said of the unanimous ruling.

Madhi Hasan and Azmi Sulaiman filed two petitions on grounds that Ahmad Zahid, who is the Home Minister, had allegedly committed corrupt and illegal practice.

Among them is vote buying and spending above the RM200,000 limit allowed in the election campaign for a parliamentary seat.

However the merit of the case could not be heard as election judge Datuk Umi Kalthum Abdul Majid dismissed the petitions, following a preliminary objection that the petition needs to be filed personally by the petitioner.

In the May 5 election, Ahmad Zahid defeated Madhi by a 2,108 majority, securing 17,176 votes, while Madhi who stood under the PKR ticket, obtained 15,068 votes.

Edmund Bon, New Sin Yew, Chan Yen Hui and Joshua Tay represented the appellants while Datuk Firoz Hussein appeared for Ahmad Zahid.

The bench also allowed on similar grounds the appeal by K. Vasantha Kumar for the Tapah election petition.

The seat was won by Datuk M. Saravanan, now the Deputy Minister of Youth and Sports.

Similarly, it allowed an appeal by the opposition candidate for the Lubuk Merbau state seat in Perak.

The bench, however, dismissed appeals for the Sungai Besar, Kuala Selangor, Batu and Lembah Pantai parliamentary seats.

Earlier in the morning, another five-man bench chaired by Chief Justice Tun Arifin Zakaria allowed an appeal on the election petition for the parliamentary seat of Ketereh in Kelantan.

Lawyer Sivarasa Rasiah, who appeared for the appellant Abdul Aziz Abdul Kadir, told the court that the number of votes tabulated in a score sheet held by the Election Commission and in six Form 14, which tabulated votes from polling centres in the constituency, differred.

He said the was a difference of 6,000 votes and this could have changed the outcome of the election.

The bench agreed with Sivarasa and ordered the case to be remitted and heard in a full trial.

"We will be able to bring witnessess to testify before the election judge," Sivarasa said.

In the election, Datuk Annuar Musa of BN wrested the seat from Abdul Aziz by 974-vote majority.

Abdul Aziz, who stood on the PKR ticket, won the seat in 2008. - December 23, 2013.