Sivarraajh loses bid to challenge five-year election ban

The High Court in Kuala Lumpur today dismissed MIC vice-president C Sivarraajh’s challenge against the EC’s announcement that he would be barred from contesting and voting in elections for five years.

In his oral judgment, Justice Nordin Hassan said there was no illegality in a statement issued regarding Sivarraajh's ban by EC chairperson Azhar Azizan Harun on Dec 28.

Justice Nordin noted that the announcement had been made in wake of the election judge’s finding that Sivarraajh had knowledge of and consented to the bribery committed in the contest for the Cameron Highlands parliamentary seat in the 14th general election.

"This follows the report given by the election judge to the EC, and the offence found to have been committed under Section 37 (I) (II) of the Election Offences Act 1954. As such, the challenge is dismissed with RM5,000 costs, " he said.

Justice Nordin, however, agreed with Sivarraajh’s counsel Vasanthi Arumugam that the statement issued by Azhar amounted to a decision which could be challenged via judicial review.

This is despite senior federal counsel Suzana Atan, who appeared for the EC, arguing that the Dec 28 statement does not amount to a decision as the returning officer on nomination day can decide whether Sivarraajh can contest or otherwise if he were to file his nomination papers.

[More to follow]  - Mkini