PAS will not appeal Election Court's Kemaman decision, says Takiyuddin

PETALING JAYA: PAS will not appeal the Kuala Terengganu Election Court's decision to nullify the party's victory in the Kemaman parliamentary seat in the 15th General Election (GE15), saying instead it will wait for the next course of action that will be taken by the Election Commission (EC).

In a statement Tuesday (Oct 3), PAS secretary-general Datuk Seri Takiyuddin Hassan said the party made the decision after deliberating the verdict made by Judge Datuk Anselm Charles Fernandis during case management on Tuesday.

“PAS has decided not to file any appeal against the Sept 26 decision of the Kuala Terengganu Election Court, which allowed Barisan Nasional's petition, thus canceling the victory achieved by PAS in GE15 on Nov 19, 2022.

“This decision was taken after Judge Anselm Charles Fernandis confirmed in a case management session via video conference today that the decision of the Honorable Judge in the Kemaman petition case is the same as the decision in the Kuala Terengganu petition case.

“Accordingly, PAS will wait and is prepared to take further steps based on the decision to be made by the EC,” he said.

Judge Fernandis, in his decision, said that there were elements of corruption involved during the Kemaman polls in GE15.

However, the judge did not name the party that had allegedly offered bribes.

“My decision for this election petition case is that there are elements of corruption in this parliamentary election section. However, I did not name any party,” he was quoted as saying during today’s case management.

On Sept 26, the Kuala Terengganu Election Court annulled the victory of Kemaman MP Che Alias Hamid who represented PAS in GE15.

Judge Fernandis said the petitioner, voter Wan Mohamad Hisham Wan Abdul Jalil succeeded in proving that corruption had taken place with the aim of influencing voters in GE15.

The court also ordered the respondent to pay RM30,000 to the petitioner.

On Feb 12, Wan Mohd Hisham's petition was struck out after the High Court accepted the preliminary objections raised by the respondents in the case.

However, the Federal Court, on May 2, overturned the lower court decision and ordered the case to be sent back to the High Court for a full hearing of the merits.