KOTA KINABALU: The Election Court today declared the Kimanis parliamentary constituency election, which was won by former foreign minister Anifah Aman, null and void.
Judge Lee Heng Chung ruled that 284 additional ballots were improperly cast in one voting centre while 57 additional ballots were found to have been improperly added in another voting centre.
The additional ballots were ruled to have affected the result of the election.
As such, Lee ruled that the Election Commission was found to be in serious breach of Section 32(b) of the Election Offences Act and a by-election could be called for Kimanis.
However, Anifah’s counsel Tengku Fuad Ahmad told FMT that they will appeal to the Federal Court.
“It seems that the judge has made a number of reversible errors in his findings, especially since we do not know whether the additional votes were in favour of Anifah or Karim Bujang, who made the election petition.
“To satisfy the Section 32(b), you must show that Karim would have won except for the additional votes. We will take this further on appeal,” he said.
The court, however, dismissed the case of bribery and corruption against Anifah with costs of RM105,000 against Karim.
Anifah, a former Umno member, won the Kimanis seat by a slender margin of 156 votes, obtaining 11,942 votes while Karim, who represented Warisan, garnered 11,786 votes.