Court dismisses Bersatu's petition, MIC retains Kahang state seat

The Election Court in Kuala Lumpur today declared that BN candidate R Vidyananthan from MIC will retain the Kahang state seat in Johor. 

This comes after Justice Mohd Nazlan Mohd Ghazali allowed the preliminary objection by Vidyananthan and the Election Commission, and struck out the petition filed by Bersatu candidate Noorlihan Ariffin. 

Justice Nazlan found that Noorlihan's objection to the vote count in only one polling stream in an electoral district was not sustainable. 

The court also ordered Noorlihan to pay costs of RM10,000 each to Vidyananthan, the Election Commission, and the returning officer. 

Noorlihan claimed returning officer Nasri Md Ali had not complied with election rules for a polling stream, and hence the EC should nullify the results for the Kahang state seat and hold the election again.

This came after a voter was not allowed to vote despite being given a slip by the EC stating his stream and voting venue on polling day.

When the voter went to the voting room, he was told by the EC officer that his vote had already been cast as his name had already been crossed out. The voter subsequently lodged a police report over the incident.

When met, Vidyananthan thanked his lawyers and said that the objection by Noorlihan would not have changed the outcome of the election as he had won with a majority of close to 3,000 votes.

"The outcome of the stream would not affect the outcome of the election due to the majority gained," he said.

Vidyananthan is a three-term assemblyperson.

His lawyers, led by Syed Faisal Syed Abdullah, made the preliminary objection on the ground that the petitioner did not show reasonable cause of action.

Shahir Abd Razak appeared for Noorlihan.

Shahir said he would seek Noorlihan's instruction on whether to appeal the decision. - Mkini