Apex court allows appeal for full trial of Segamat GE15 petition

 

BN candidate M Ramasamy gets another opportunity to be heard in the Election Court over his election petition to nullify Pakatan Harapan’s victory in the Segamat parliamentary seat during the 15th general election (GE15).

A three-person Federal Court bench chaired by Zabariah Mohd Yusof unanimously allowed Ramasamy’s appeal in the election petition targeting the electoral victory of Pakatan Harapan’s R Yuneswaran.

Earlier this year, the Election Court in Johor allowed Yuneswaran’s preliminary objection and struck out the election petition without hearing its merits in a full trial.

High Court Judge Mohd Radzi Abdul Hamid, in his capacity as Election Court judge, ruled that Ramasamy’s petition should not be based on inferences or assumptions but facts, and that the petition did not contain accurate and clear material facts.

In reading out the Federal Court verdict on behalf of fellow bench members Hasnah Mohammed Hashim and Mary Lim, Zabariah also ordered a different Election Court judge to hear the merits of Ramasamy's election petition.

Segamat MP R Yuneswaran

Zabariah directed the lower court to hear the election petition over two issues, namely the issue of alleged bribes to voters as well as on campaign materials that allegedly contravened election rules.

She ruled that the procedural irregularity in the election petition was not fatal and insufficient ground for the lower court to strike it out.

She also made no order as to costs.

Ramasamy was represented by counsel, Muhammad Shafee Abdullah.

Lawyer Lau Yi Leong and senior federal counsel Suzana Atan appeared for Yuneswaran and the Election Commission (EC), who are the two respondents in the matter.

In last November’s national general election, Yuneswaran emerged the victor with 5,669 votes ahead of the MIC candidate and two others.

Through the election petition, Ramasamy claimed that Yuneswaran had “corruptly” given food to voters during an event at the Chinese temple in Johor to influence them.

The BN candidate, who had lodged a police report on the matter, also accused Yuneswaran and his agents of violating election rules on campaign material.

Apart from this, he also claimed the Harapan candidate distributed food parcels to voters when campaigning. - Mkini