Election petitions against PN wins in Masjid Tanah, Kemaman to go to full trial, Federal Court rules

PUTRAJAYA: The Federal Court has ordered two election petitions that were filed to challenge the 15th General Election (GE15) results of the Masjid Tanah and Kemaman parliamentary constituencies to be sent back to the High Courts for a full hearing of the merits.

A three-member panel of judges led by Chief Justice Tun Tengku Maimun Tuan Mat allowed the appeals brought by a Barisan Nasional candidate and a voter from the Kemaman constituency.

Justice Tengku Maimun who presided with Federal Court judges Datuk Seri Hasnah Mohammed Hashim and Datuk Nordin Hassan heard both appeals together on Tuesday (May 2).

Barisan National (BN) candidate for the Masjid Tanah parliamentary constituency Abdul Hakim Abdul Wahid and voter Wan Mohamad Hisham Wan Abdul Jalil’s election petitions were respectively struck out by the Melaka Election Court and Terengganu Election Court on Feb 7 and Feb 12 this year after the courts accepted the preliminary objections raised by the respondents in both cases.

Abdul Hakim is appealing against the Election Court’s decision to strike out his election petition to nullify the victory of Masjid Tanah Bersatu chief Datuk Mas Ermieyati Samsudin in GE15 for the Masjid Tanah Parliamentary constituency.

Meanwhile, Wan Mohamad Hisham is appealing against the Election Court's decision to strike out his election petition to nullify the election results for the Kemaman parliamentary constituency which was won by Che Alias Hamid of PAS.

In the court’s decision, Justice Tengku Maimun said the pleadings in the election petitions for both cases were sufficient.

She, therefore, ordered both cases to be sent back for full hearing on the merits before different Election Court judges.

Justice Tengku Maimun fixed May 5 for mention for Abdul Hakim’s election petition in the Election Court in Melaka and May 8 for mention of Wan Mohamad Hisham’s election petition in the Election Court in Terengganu.

On Jan 3, this year, Abdul Hakim filed the election petition, alleging that bribery, in the form of money and banquets, was used to woo voters in GE15.

Mas Ermieyati, who contested under a PN-Bersatu ticket won the seat, with a majority of 4,411 votes, in a four-cornered clash against Abdul Hakim, Mutalib Uthman (MUDA) and Handrawirawan Abu Bakar (GTA-Pejuang).

Meanwhile, Wan Mohamad Hisham filed the election petition to challenge the election results for the Kemaman parliamentary constituency in Terengganu.

Che Alias of PAS won the seat by a 65,714 majority beating Barisan Nasional’s Datuk Seri Ahmad Said, PKR’s Hasuni Sudin and Pejuang’s Rosli Ab. Ghani.

In the appeal Tuesday, lawyer Datuk Wira Mohd Hafarizam Harun representing Abdul Hakim and Wan Mohamad Hisham submitted that the election petitions were not defective and ought to be heard on the merits.

However, lawyer Yusfarizal Yussoff representing Mas Emieyati and lawyer Wan Rohimi Wan Daud representing Che Alias, respectively, argued that the election petitions lacked particulars pertaining to bribery allegations and ought to be struck out. - Bernama