The Election Commission is looking to strike out the misfeasance suit filed by PKR's intended candidate for Rantau Dr S Streram over his inability to contest the state seat in the 14th general election.
The EC and returning officer Amino Agos Suyub, through their lawyer Sathya Kumardas, told judicial commissioner Darryl Goon today that the High Court has no jurisdiction to hear the suit – saying that the matter should be heard before an election court, as it concerns election laws.
Goon was also told in chambers that the relief being sought by Streram is a misconception, as the would-be candidate had already filed a separate election petition at the election court – making the suit an abuse of the court process.
Streram filed his misfeasance in public office suit against the EC and the returning officer soon after the May 9 polls, claiming that the defendants failed in their responsibilities under the Election Commission Act 1958.
This, he said, resulted in former Negeri Sembilan menteri besar Mohamad Hassan winning the Rantau seat uncontested.
Streram is seeking RM5 million in general damages, RM2.6 million in exemplary damages and other relief deemed fit by the court.
The EC is being represented by private lawyers in all cases, as attorney-general Tommy Thomas had issued a directive that the chambers would not be representing the commission.
Streram's election petition is being heard before election judge Justice Azimah Omar in Seremban.
According to his lawyer Irzan Iswad, Streram's petition is a separate action, and he is still entitled to file suit against the EC.
Goon asked for further submission on the matter on Sept 3. - Mkini
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