PENANG: A High Court has thrown out an application for leave by PAS candidate Abdul Khalid Rasid in the recent general election to seek a judicial review to nullify Prime Minister Datuk Seri Abdullah Ahmad Badawi’s nomination for the Kepala Batas parliamentary seat.
Justice Mohd Noor Abdullah decided not to grant Abdul Khalid leave to file a certiorari application to nullify the returning officer’s decision in rejecting the PAS member's objection against Abdullah’s candidacy on nomination day on March 13.
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In his application for leave, Abdul Khalid had also sought a mandamus order that he be declared the MP for Kepala Batas, with damages, cost and further relief.
The judge made the decision in his chambers yesterday without hearing the application, on grounds that Article 118 of the Federal Constitution stated that no election could be challenged except by way of an election petition.
Abdul Khalid, who filed the leave application on April 19, had since filed a petition on May 5 to nullify the election results. The hearing date for this has yet to be fixed.
In both matters, Abdul Khalid had named Abdullah, the returning officer and the Election Commission as respondents.
Justice Mohd Noor also decided not to grant leave to PAS' Subri Md Arshad to file a similar certiorari application to disqualify elected Penaga assemblyman Datuk Azhar Ibrahim’s nomination. Subri had not filed an election petition.
Counsel Darshan Singh Khaira appeared for both Abdul Khalid and Subri. The counsel for the respondents were also present.
Counsel Datuk Muhammad Shafee Abdullah and M. Kirubanandan represented Abdullah and Azhar, while Solicitor-General Datuk Zaitun Zawiyah Puteh and Senior Federal Counsel Azizah Nawawi appeared for the returning officer and the Election Commission.
