Court throws out petition to challenge Ayer Hitam GE14 results

The petition filed to challenge the results of the 14th general election for the Ayer Hitam seat has been struck out by the High Court in Kuala Lumpur.

The Johor parliamentary seat was won by MCA deputy president Wee Ka Siong, who beat PAS' Mardi Marwan and Johor DAP leader Liew Chin Tong.

In the petition filed in June, Liew alleged that the election had been conducted unfairly and sought the court's permission to annul the results.

However, Justice Mohd Nazlan Mohd Ghazali ruled that the petition was defective and failed to prove how the alleged misconduct affected voters.

"For example, removal of the billboard (with election materials) can't be said to have gone against election rules. The petition... needs to furnish proof to show how it will affect the voter.

"Other than stating it in a general statement, the petitioner failed to establish a crucial missing link between the billboard and election malpractice," said the judge.

With that, Justice Nazlan concluded that Wee had successfully raised the preliminary objection and the petition was seen as defective.

“I hereby dismiss the petition and I declare Wee Ka Siong as the duly elected as MP for Ayer Hitam. I shall certify the result to the EC (Election Commission) in due course,” he said.

Justice Nazlan ordered Liew to pay costs of RM10,000 each to the EC, Wee, and the returning officer.

While disappointed with the court decision, Liew congratulated Wee for winning the case.

“We are disappointed but we respect the decision of the court.

"We will pursue electoral reform through other avenues including parliamentary processes. I hope election years to come will be fairer,” Liew said.

Asked on whether he will appeal the decision, the deputy minister said he will need to discuss that with his lawyers.

Wee, on the other hand, said he was relieved with the outcome of the court.

“I am happy that I was declared MP for the second time. First was by the returning officer and the second, by the judge.

“I can rightfully enter the Parliament,” the MCA deputy president said, adding he is glad the court vindicated him.

Liew was represented by Yeo Yang Poh while Wee was represented by Ang Boon Heng and Ng Chew Hor. - Mkini