KUALA LUMPUR: Datuk Zaid Ibrahim has failed in his bid to nullify the election result of the Hulu Selangor parliamentary by-election.
High Court judge Justice Datuk Azahar Mohamed, sitting as an election judge, allowed the application by Hulu Selangor MP P. Kamalanathan to strike out the petition filed by Zaid.
Zaid filed the petition on May 24, naming Kamalanathan, returning officer Nor Hisham Ahmad Dahlan and the Election Commission as respondents.
Zaid, who is Federal Territory PKR chief, lost by a 1,725-vote margin to Barisan Nasional’s Kamalanathan in the by-election on April 25.
In his petition, Zaid wanted the court to declare the election result null and void, alleging that corrupt practices had taken place in the form of bribery and promises to the voters.
In dismissing the petition, Justice Azahar Mohamed said it was defective and invalid.
“This is not a mere technical non-compliance. The petition in its present form is lacking in the most vital fact to furnish a cause of action,” he said.
He said Zaid had failed to furnish essential elements as proof that bribery had taken place.
“The manner the charge is crafted in the petition is akin to casting the net wide in the hope it might strike with either one. The rule (Election Rules) does not allow this,” he said.
He said Zaid had also failed to state the facts and particulars to show in the petition how the alleged bribery affected the result of the by-election.
Justice Azahar said he saw no reason why an election petition should not go to trial.
Speaking to reporters later, Kamalanathan described the decision as “a gift from God” and said the ruling showed that there was no element of bribery involved in the by-election to ensure his victory.
Zaid’s lawyer, Azhar Azizan Harun, said the defence team would study the grounds of the judgment before deciding whether or not to appeal to the Federal Court.
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