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Tuesday, November 13, 2018

Court to rule on Friday if by-election for Rantau must be held

Dr Streram Sinnasamy has filed an election petition seeking to nullify the May 9 general election results for the Rantau seat.
PETALING JAYA: The Election Court will rule on Friday on a petition by PKR candidate Dr Streram Sinnasamy seeking a fresh election to be held for the Rantau state seat as he was denied entry to file his nomination papers in the May 9 general election.
Counsel Muhammad Rafique Rashid Ali, a member of Streram’s legal team, said justice Azimah Omar would deliver her verdict at 9am at the High Court in Seremban.
“We received a letter today from the High Court deputy registrar about the delivery of the verdict,” he said.
The decision comes three weeks after both sides had presented their written submissions to Azimah. A total of 17 witnesses had taken the stand.
On May 23, Streram filed his petition to nullify the Election Commission’s (EC) decision to declare former Negeri Sembilan menteri besar Mohamad Hasan as the winner of the Rantau state seat.
Streram claimed returning officer Amno Agos Suyub and the EC had breached their statutory duty under the Election Offences Act, and that the results must be nullified and a by-election held.
He said he was never informed by the EC or its agents that name tags or an entry pass were required to gain access to the Dewan Sri Rembau nomination centre on April 28.
Streram said he and his proposer and seconder arrived at the centre at 8am to collect the tags in order to file his papers at 9am.
He said he asked a policeman to call an EC officer from the centre to provide the tags, but none came out.
He said Yusof Tapar, the proposer for the opposition candidate contesting the Rembau parliamentary seat and later, the candidate for the Paroi seat, Mohamad Taufek Abdul Ghani, came out of the centre to help him get in but were unsuccessful.
At about 9.40am, two EC officers came out to meet Streram and assured him they were making arrangements to provide the passes. They went back to the centre but did not return.
Agos later declared Mohamad as the winner as there was no other candidate for the seat.
Streram’s lawyers argued that there was nothing in the election laws prohibiting a candidate, his proposer and seconder from entering a nomination centre without an entry pass.
They also submitted that returning officers were empowered to allow candidates to submit their nomination papers without the need for such a pass.
However, counsel for Agos and the EC said there was insufficient evidence to show non-compliance with the law in order for the court to order a fresh election. - FMT

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