PAS loses Klawang election petition

Another election petition thrown out of court due to technicalities.

SEREMBAN: Negeri Sembilan PAS today lost in its attempt to overturn the 13th general election Klawang state seat result. The petition filed by PAS was dismissed by the Seremban Election Court judge Hue Siew Kheng with cost of RM40, 000.

Hue awarded RM20, 000 to the first respondent, winner of the Klawang state seat, BN’s Yunus Rahmat and another RM20, 000 to second and third respondents, namely returning officer Zaidi Johari and the Election Commission.

Earlier Hue dismissed the petition on grounds that there was a technical error in the petition document submitted to the court.

Just as in other election petitions in other states, this too was rejected by the court because the documents filed did not bear the name of the petitioner but the solicitors.

According to Hue, the petitioner did not comply with article 9 and 34 of the rules and regulations, where the petition document must bear the name of the petitioner.

Lawyer Abu Bakar As-Sidek who represented Yunus, asked for RM60, 000 as petition cost for the first respondent.

Lawyer Effandi Nazila Abdullah who represented the second and third respondents, requested RM100,000 for each respondent.

Meanwhile lawyer Faiz Fadzil who represented PAS, said RM5,000 for first respondent and RM5,000 for second and third respondent were sufficient.

Nevertheless, Hue in her judgment said that the amount requested should not be punitive. According to her it was the fundamental right of the petitioner to get justice from the courts.

In the just concluded general election, Yunus defeated Negeri Sembilan PAS deputy commissioner 1, Dr Rosli Yaakop with razor thin majority of 282 votes.

Yunus alleged there were election irregularities in Klawang during the campaign period.

However the petitioned was filed by Jelebu PAS deputy chief, Nor Anif Selamat.

“Even though PAS lost this election petition, but there is consolation for us as this is one of the lowest cost awarded by the courts as compared to the election petitions filed throughout the country.

“We respect the decision by the court and will consult our lawyer Faiz Fadzil on the next course of action. We will review whether to file an appeal or not,” said Negeri Sembilan PAS commissioner, Mohd Taufek Abdul Ghani.

When met by FMT, Yunus reacted simply by saying, “thanks to Almighty as I retained the seat and I will continue to work harder for my constituents”.