MELAKA: The Melaka High Court has dismissed the preliminary objection to the election petition filed by Barisan Nasional candidate Abdul Hakim Abdul Wahid to nullify the result of the Masjid Tanah parliamentary seat in the 15th General Election (GE15) last November.
It was won by Datuk Mas Ermieyati Samsudin of Perikatan Nasional-Bersatu.
Judge Datuk Anselm Charles Fernandis delivered the decision after finding that two of the four grounds of initial objection submitted had the merit to be dismissed, according to Section 36 (1) of the Election Offences Act 1954.
He said this was because two basic points of the objection were filed after the deadline set by the law, and the content of the petition, related to the appointment of an election agent by the candidate who contested, was unclear.
“The court also declared Mas Ermieyati’s election as Masjid Tanah Member of Parliament in the GE15 to be valid and ordered the petitioner to pay RM20,000 in costs,” he added, Bernama reported.
Meanwhile, lawyer Rosfinah Rahmat, who represented Abdul Hakim, said they will file an appeal with the Federal Court within 14 days.
On Jan 3, Abdul Hakim filed the petition, alleging that bribery, in the form of money and banquets, was used to woo voters in GE15.
In the initial objection application for the petition to be rejected by the court, Mas Ermieyati, as a respondent, among others, claimed that the petition was filed out of time as prescribed under Section 38 of the Election Offences Act 1954.
In addition, Abdul Hakim, as the petitioner, is alleged to have also erred because he did not name the returning officer and the Election Commission officer in the petition.
Mas Ermieyati won the seat with a majority of 4,411 votes in a four-cornered clash against Abdul Hakim, who is from Umno, Mutalib Uthman (Muda) and Handrawirawan Abu Bakar (Gerakan Tanah Air-Pejuang).
