KOTA KINABALU: Datuk Peter Anthony (pic), whose nomination to contest the Tenom seat in the 15th General Election was rejected by the returning officer, has filed an election petition to challenge the decision.
Anthony, who is Parti Kesejahteraan Demokratik Masyarakat (KDM) president, confirmed on Tuesday (Jan 3) that he had directed his lawyers to file the election petition.
It is understood that he has appointed legal firm Ansari & Co, which filed the petition with the High Court on Tuesday.
ALSO READ: GE15: Why reject my nomination after approving it, Peter Anthony asks EC
In court papers filed, Anthony named Tenom winning candidate Reduan Rubin as first respondent, Tenom general election Returning officer Mas Syazwan Masood, Election Commission chairman Tan Sri Ghani Salleh and the Election Commission as second, third and fourth respondents respectively.
His lawyer Datuk Ansari Abdullah said that Anthony had obtained a stay order from Kuala Lumpur Sessions Court on his conviction and execution of his corruption case on Aug 1, 2022.
The Returning Officer had accepted Anthony's nomination but the EC chairman reversed the decision, Ansari said after the petition was filed in the Kota Kinabalu High Court here.
The petition followed the gazetting on Dec 14 of the polls results.
Any petition against the results must be filed within 21 days from the day it was gazetted.
Under the Election Regulations (1981), any disputes over a returning officer’s decision are resolved through election petitions.
It was reported that Anthony's nomination was rejected by the Tenom returning officer on the advice of the Election Commission.
At the time of Nomination Day (Nov 5), Anthony was appealing against his conviction by the Kuala Lumpur Sessions Court, which sentenced him to three years jail and a RM50,000 fine for a corruption offence.
In order to contest the election, Anthony had obtained a stay order against the conviction pending his appeal.
ALSO READ: Peter Anthony arrested over riot in Tenom
Following his rejection as a candidate, Anthony claimed that his nomination papers were initially accepted.
The rejection led to a riot by his supporters at the Tenom nomination centre and viral social media videos showed some of them trying to force their way into the hall before being dispersed with tear gas fired by police.
Anthony's KDM-supported Independent candidate Riduan Rubin won the seat in a five-cornered fight.
Riduan unseated incumbent Noorita Sual of Pakatan Harapan with a majority of 1,108 votes. The other candidates were Barisan Nasional's Datuk Jamawi Jaafar, Parti Warisan's Ukim Buandi and another Independent, Peggy Chaw Zhi Ting.
Prior to the general election, Riduan officially joined KDM but has remained an Independent in Parliament.
