KUALA LUMPUR: The Elections Court on Friday (Oct 12) ruled that Barisan Nasional candidate Datuk Seri Ahmad Hamzah will retain his Jasin parliamentary seat in Melaka.
Judge Datuk Che Mohd Ruzima Ghazali made the ruling, saying that the petition should haven been filed in the place where the election was held.
This was because Datuk Seri Khairuddin Abu Hassan, the Pakatan Harapan candidate for Jasin in GE14, had filed the election petition at the Kuala Lumpur High Court.
He dismissed the petition filed by Khairuddin after allowing preliminary objections raised by Ahmad, who was the first respondent.
Judge Che Mohd Ruzima said the petition filed by Khairuddin failed to fulfil the basic requirement under Article 118 of the Federal Constitution.
"Other than that, the petitioner also failed to fulfil the requirement under Regulation 4(1)(b) of the Election Petition Rules 1954. The petition ought to be dismissed at the preliminary objections level," he said.
He dismissed the petition with RM20,000 in costs to be paid to Ahmad and RM5,000 in costs each to be paid to the Jasin constituency's returning officer Zamrud Yahya and the Election Commission.
On June 14, Khairuddin, who is the former Batu Kawan Umno division vice-chief, filed a petition under Section 34(C) of the Election Offences Act 1954, saying that the Barisan candidate was not chosen accordingly.
He sought a declaration or an order that the 14th General Election result for the Jasin parliamentary constituency was null and void.
In a statement, Khairuddin said he accepted the decision with an open heart and would not make an appeal.
He lost to Ahmad by 219 votes. Hamzah won the seat with 26,560 votes while Khairuddin garnered 26,341 votes and PAS candidate Abd Alim Shapie (8,860).