High Court throws out Mat Sabu’s polls petition

  • Nation
  • Tuesday, 03 Jun 2008

KUALA TERENGGANU: An election court dismissed the petition filed by PAS candidate for the Kuala Terengganu parliamentary seat Mohamad Sabu.

Mohamad, better known as Mat Sabu, who lost to Datuk Razali Ismail of Barisan Nasional in the March 8 general election by 628 votes, had sought the exclusion of 1,089 postal votes from the total votes cast.

Justice Ramly Ali said Mohamad’s petition to challenge the constitutionality of a written law on the running of the election did not fall under Section 32(b) of the Election Offences Act 1954.

He said the petitioner’s argument that the Elections (Postal Voting) Regulations 2003 under Section 16 of the Election Act 1958 was ultra vires Sections 13(2) and 16(2) of the Election Act 1958, and was beyond the jurisdiction of the court.

Mohamad had argued through his counsel that postal voting carried out under the Elections (Postal Voting) Regulations 2003 did not ensure confidentiality which was a basis for a fair and clean election, guaranteed by the Constitution.       

The respondents comprising returning officer Datuk Mat Razali Kassim, the Election Commission and Razali had objected to the petition on the ground that Mohamad had failed to show any non-compliance of the law. – Bernama

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