In a majority 4-1 ruling, Chief Justice Richard Malanjum said there was merit in the appeal.

“The requirements of the election petition rules were met, and this matter should go for full trial,” he said.

The other three judges in the majority were Chief Judge of Malaya Zaharah Ibrahim, Chief Judge of Sabah and Sarawak David Wong Dak Wah and Rohana Yusof.

Court of Appeal president Ahmad Maarop dissented.

Marzuki lost the contest for the Tasek Gelugor seat to Barisan Nasional’s Shabudin Yahaya.

He filed an election petition seeking a recount of 689 spoilt votes and 297 unreturned postal votes.

On Sept 18, election judge Hashim Hamzah dismissed the case based on the preliminary objection raised by Shabudin and upon finding that the petition had omitted the “wrongs” committed by the Election Commission (EC) in the election in Tasek Gelugor.

Hashim said Marzuki’s petition should have been written according to the guidelines in the Election Act 1958.

Marzuki’s lawyer Muhammad Rafique Rashid Ali urged the court to hear Marzuki’s representations, but EC lawyer Marina Nasution argued that the petition should be dismissed as it was defective.

Hashim, concurring with Marina, dismissed the case and ordered Marzuki to pay Shabudin RM10,000 in costs.

Shabudin was represented by Simon Tan while Marzuki was represented by Rafique and Azlina Mehtab Mohd Ishaq.

Marzuki’s petition, filed on June 12, had named Shabudin as first respondent, the Tasek Gelugor polls returning officer as the second respondent, and the EC as the third respondent.

Marzuki had asked the court to consider a by-election for the Tasek Gelugor parliamentary seat and a recount as the votes garnered by the winning party were less than 4%, as allowed under the Election (Conduct of Elections) Regulations 1981.

Marzuki is now deputy foreign minister, having been appointed to the post after being sworn in as a senator on July 17.