KUALA LUMPUR: The High Court here has ordered the RM7.6 million lawsuit by PKR’s Rantau candidate Dr Streram Sinnasamy against the Election Commission (EC) and its returning officer to proceed to a full trial.
Streram’s lawyer Haniff Khatri Abdulla said judicial commissioner Daryl Goon had dismissed the EC’s bid to strike out his misfeasance lawsuit on grounds that there was no law forbidding him to file an action other than in the election court.
“His election petition does not stop him from filing another case in another court seeking remedy after his right to contest in an election was denied,” he said, referring to Streram’s election petition filed in May.
The High Court also fixed Nov 2 for case management.
Barisan Nasional’s Mohamad Hassan, who is the former Negeri Sembilan menteri besar, won the Rantau state seat uncontested after Streram, an anaesthetist, was barred from entering the nomination centre to file his papers on April 28 as he did not have an EC pass.
Streram said although qualified, he was denied the constitutional right to contest in the election and the Rantau voters were not given a chance to vote.
He also said he was never informed by the EC or its agents that name tags or an entry pass were required to gain access to the centre.
In his lawsuit, Streram claimed the EC and returning officer Amino Agos Suyub failed to carry out their duties in accordance with the Election Act 1958.
He also filed an election petition in May, after the EC gazetted the Rantau results before the May 9 polls.
The High Court in Seremban ordered the petition to proceed to a full trial.
The trial will be held from Sept 12 to 14, on Sept 27 and 28, and Oct 1 and 2.