Sg Udang rep fails in appeal to object to election petition

 

Sungai Udang assemblyperson Dr Mohd Aleef Yusof today failed in his appeal to object to an election petition filed by BN candidate for the Sungai Udang seat, Mohamad Ali Mohamad, who lost in the Malacca election on Nov 20.

The Federal Court's three-member panel, in a unanimous decision, rejected Aleef's appeal against the Malacca Election Court's decision on Feb 11 in dismissing his preliminary objection.

Chief Judge of Malaya Azahar Mohamed, who presided with Federal Court judges Mary Lim Thiam Suan and Harmindar Singh Dhaliwal, said the decision of the Election Court in dismissing Aleef's preliminary objection was not appealable to the Federal Court.

“We have carefully considered the submissions of all parties and also considered the decision of the Election Court carefully.

“In our view, the order of the Election Court judge in dismissing the preliminary objection did not dispose of the election petition.

“In our view, the order of the High Court is not a determination within the provision of Section 36A (1) of the Election Offences Act 1954.

“Hence, the order of the Election Court is not appealable to the Federal Court. The appellant (Aleef) is not prejudiced because he can still raise the same issues at the full trial before the election judge and later before the Federal Court.

“Therefore, the court dismiss this appeal,” said Justice Azahar.

He added costs would be determined within the costs of the disposal of the case.

Petition filed to annul Aleef’s victory

In today's proceedings, the bench heard submissions from lawyer Rosli Dahlan who appeared for Aleef (above), lawyer Mohd Hafarizam Harun representing Mohamad Ali and senior federal counsel Suzana Atan who acted for the Election Commission (EC) and the returning officer for Sungai Udang.

At present, the matter is still on trial with 13 witnesses already testified. The trial at the Malacca Election Court will continue on April 18.

On Dec 14, Mohamad Ali, 57, filed an election petition to annul the victory of Aleef, 35, of Perikatan Nasional (PN) alleging there were elements of corruption involved in the election for the seat.

He named Aleef, who won with a 530-vote majority in a four-cornered fight, the returning officer, and the EC as the first to third respondents.

In his petition, Mohamad Ali, who is the Tangga Batu Umno chief, requested to nullify Aleef's victory and sought a by-election for the seat.

Mohamad Ali claimed Aleef committed corrupt practices in the election under Section 32 (c) of the Election Offences Act 1954.

- Bernama