Lead counsel for Anifah, Ansari Abdullah, said the notice of appeal was made via e-filing, which is the judiciary’s online filing system, on Tuesday.
Ansari said their client had no choice but to appeal since the Election Commission (EC) – the third respondent in the Kimanis election petition – had made known that it had accepted the decision and would not appeal.
“Since the EC chairman confirmed they are not appealing, our client had no choice but to instruct us to appeal,” Ansari said.
“We have two months to file the memorandum of appeal containing the grounds.”
On Aug 16, the Election Court declared that Anifah’s win in the Kimanis parliamentary seat during the 14th General Election (GE14) was null and void.
The judge ruled that there were serious breaches in the conduct of the election process with 341 votes improperly cast.
Anifah had clinched 11,942 votes, edging out Parti Warisan Sabah candidate Datuk Karim Bujang by 156-votes during last year’s GE.
However, the Election Court judge dismissed allegations of bribery and corrupt practices against Anifah, who had contested the seat as an Umno candidate under the Barisan Nasional ticket, citing insufficient evidence.
Karim filed the petition to challenge the Kimanis results on June 18 last year.
The Election Commission had dismissed the petition on Oct 16 last year, but the Federal Court then overturned the decision.
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