The Federal Court has granted BN an opportunity in their election petitions to challenge Perikatan Nasional's 15th general election victories in Masjid Tanah and Kemaman seats.
A three-person bench chaired by Chief Justice Tengku Maimun Tuan Mat unanimously allowed the appeals by a Masjid Tanah BN candidate and a Marang voter in the election petitions that raised allegations of bribery in the electoral victories.
In reading out the brief ruling, which also encompassed bench members Hasnah Mohammed Hashim and Nordin Hassan, Tengku Maimun ruled that the pleadings in the two election petitions for the two parliamentary seats are sufficient.
She directed the two legal actions to revert down before new election court judges.
In effect, today's apex court ruling would result in the two election petitions reverting back to the election court for a full trial on its merits.
On Feb 7, the election court in Malacca allowed a preliminary objection by Masjid Tanah MP Mas Ermieyati Samsudin to strike out the election petition by BN candidate Abdul Hakim Abdul Wahid.
Six days later, the election court in Terengganu allowed a preliminary objection by Kemaman lawmaker Che Alias Hamid to strike out the election petition by voter Wan Mohamad Hisham Wan Abdul Jalil.
High Court judges Anselm Charles Fernandis and Mohamad Abazafree Mohd Abbas initially presided over the Masjid Tanah and Kemaman election petitions respectively. These judges would no longer hear the merits of the legal actions.
The Masjid Tanah and Kemaman election petitions would come up for case management before the Malacca and Terengganu election courts on May 5 and 8 respectively.
Earlier, during the hearing of the appeals before the apex court today, the petitioners’ counsel Mohd Hafarizam Harun submitted among others that the election petitions were not defective and deserve to be heard on their merits.
However, the PN candidates’ lawyers, Yusfarizal Yussoff and Wan Rohimi Wan Daud, argued that the appeals ought to be dismissed as the election petitions lacked particulars on the bribery allegations.
BN also has two ongoing election petitions over the Kuala Terengganu and Marang parliamentary seats.
The coalition also has a pending appeal before the apex court to overturn the election court’s striking out for two other election petitions, namely for the Putrajaya and Gua Musang seats. - Mkini
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