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Friday, November 16, 2018

Court invalidates Rantau GE14 results, orders by-election


The Election Court in Seremban has ruled that the Rantau state seat is vacant and a new election be held.
The seat was won uncontested by former Negeri Sembilan menteri besar Mohamad Hasan in the last general election after his challenger from PKR, Dr S Streram, was not allowed to submit his nomination papers on April 28.
Mohamad is also the Umno deputy president.
Streram had been denied entry into the nomination centre on the grounds that he did not have an Election Commission (EC) pass with him.
In her ruling this morning, Justice Azimah Omar said there is no written law or requirement for a candidate, his seconder or proposer to have passes to enter the nomination centre.
"This amounts to discrimination against the petitioner (Streram) and a disruption of the democratic process.
"Counsel for the EC and returning officer Amino Agus Suyub had admitted in their submissions that there is no written law or regulation governing the need for passes for the three individuals mentioned," she added.
The court further ruled that the returning officer did not follow the rulebook when preventing the PKR candidate from entering, as he knew Streram was outside the nomination centre.
"His actions are unethical and lack integrity (in the running of the election). The prevention is a violation of Streram's right as a candidate.
"He was prevented from filing his nomination papers and such unlawful action is inappropriate, as it violates his constitutional right to be a candidate, and his right as a voter which is protected by the Federal Constitution," Justice Azimah added.
She ordered Amino Agus to pay RM30,000 in costs.
Mohamad to consider appealing
Both Mohamad and Streram were in court to hear the judgment before a packed courtroom.
Streram said he was overjoyed by the decision as it had restored his and the voters' right to choose a candidate for the Rantau seat.
"I hope to be the candidate in the by-election," he added.
Meanwhile, Mohamad said he would consult his lawyers on whether to appeal the decision.
"I respect the court's decision. I have 14 days to file an appeal after consulting my lawyers," he added.
Streram was represented by lawyers Mohd Haniff Khatri Abdulla, Rafique Rashid Ali and Sreekant Pillai while Mohd Hafarizam Harun appeared for Mohamad. The EC was represented by lawyers from Shearn Delamore.
 - Mkini

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