PETALING JAYA: The Election Court today threw out PPBM’s petition challenging Barisan Nasional’s win in the Jempol parliamentary constituency.
Lawyer Haniff Khatri Abdulla, representing PPBM’s candidate Kamarulzaman Kamdias said High Court judge Azimah Omar, who sat as Election Court judge, allowed the preliminary objection by Jempol MP Mohd Salim Mohd Sharif on the election lawsuit.
“The court found that the EP (election petition) by Kamarulzaman was defective.
“Since the EP cannot stand on its own, she (Azimah) also dismissed PPBM’s case against the Election Commission and the returning officer,” he said, adding that there was no need for a trial.
The court made no order to cost.
Salim, of Umno, had objected to Kamarulzaman’s election lawsuit on the grounds that the PPBM member did not serve the petition directly to the Umno representative.
Salim’s lawyer Syed Faisal Syed Abdullah had argued that the petition was served on another person named Nor Kamalia Jamaludin.
Lawyer Rafique Rashid Ali who also represented Kamarulzaman said they would seek instruction whether to pursue the petition at the Federal Court.
This was the second petition by PPBM against Barisan Nasional to be struck out by the court. PPBM’s earlier petition to challenge Kahang assemblyman R Vidyanathan of the MIC was dismissed by the Election Court last week.
Kamarulzaman filed the petition in June, alleging that the counting process was not done according to election laws.
He claimed that his polling and counting agents were not allowed into the voting centres during the counting process and that there were allegations of extra ballot boxes being taken into the voting centre.
The PPBM member sought to nullify the May 9 results for Jempol and an order for a by-election.
So far only two election petitions – for the Rantau state seat in Negeri Sembilan and the Cameron Highlands parliamentary seat in Pahang – have succesfully passed preliminary objections to proceed to a full trial.