Lubok Merbau state seat election petition struck out, BN retains seat


  • Nation
  • Tuesday, 13 Aug 2013

IPOH: The Election Court here struck out a petition filed by a voter to annul the result of the Lubok Merbau state seat on Tuesday, which was won by Barisan Nasional candidate Datuk Siti Salmah Mat Jusak during the 13th general election.

Judge Datuk Abdul Rahman Sebli struck out the petition after finding that the petitioner, Mohd Ridzuan Hasif, had failed to comply with Regulation 9 and 34 of the Election Petition Rules 1954.

"The petitioner did not comply with the rule where the election petition was filed by the legal firm, instead of the petitioner or his lawyer," he added.

He ordered Mohd Ridzuan to pay costs of RM50,000 each to Lubok Merbau assemblywoman Siti Salmah and the Election Commission (EC), named the first and second respondent, respectively, in the petition.

Lawyers Datuk Firoz Hussein Ahmad Jamauddin and Abu Bakar As Sidiq represented Siti Salmah, while senior federal counsels Norazmi Mohd Narawi and Muhamad Anas Mahadzir represented the EC.

At Tuesday's proceeding, the lawyers representing Mohd Ridzuan were not allowed to make their submission as they had no locus standi and their names were not listed as lawyers for the petitioner.

Abdul Rahman said Mohd Ridzuan, as the petitioner, could not represent himself and make his submission as it would not be in compliance with Regulation 9 of the Election Petition Rules.

"Regulation 9 states that in the petition notice, it has to be stated that the petitioner is representing himself, but he did not do so," he added.

The court, had on July 30, struck out a petition filed by Abdul Karim Abdul Rashid, also a voter, to declare null and void the 13th general election result for the Lubok Merbau state seat, also on grounds that the petitioner failed to comply with Regulation 9 and 34 of the Election Petition Rules.

In the 13th general election, Siti Salmah defeated PAS candidate Mohd Zainudin Mohd Yusof in the contest for the Lubok Merbau seat with a majority of 53 votes. - Bernama
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