PETALING JAYA: Former foreign minister Anifah Aman has applied to stay the Kimanis parliamentary by-election scheduled for Jan 18 pending a review of a Federal Court ruling.
A notice of motion filed by Anifah’s lawyers and sighted by FMT says there are special circumstances to stay the by-election until the review application is heard and disposed of.
Anifah had filed earlier for a review under Rule 137 of the Federal Court Rules 1995 but the apex court has yet to fix a hearing date.
Lawyer Faizal Sarbi, who is appearing for the Election Commission (EC), said the Federal Court will hear Anifah’s application for a stay of the by-election tomorrow.
“He filed his application to review the Dec 2 Federal Court ruling which ordered a by-election to be held for the Kimanis seat.
“As such, he also wants a court order to stop the EC from conducting the polls until the review is heard and disposed of,” Faizal told FMT.
He said the EC will oppose the stay application.
FMT understands that lawyers for Warisan’s Karim Bujang, who fled a petition to call for the by-election, will also oppose Anifah’s move.
On Dec 16, EC chairman Azhar Azizan Harun announced that nomination day is Jan 4 while polling will be held on Jan 18.
The Federal Court declared the election of Anifah in last year’s election null and void, upholding an earlier election court ruling that there was misconduct by the EC in handling Forms 13 and 14 that affected some 341 ballots.
There were numerous discrepancies in the conduct and widespread non-compliance of the election laws, said Chief Justice Tengku Maimun Tuan Mat, who led a five-member bench in the unanimous ruling.
Soon after the ruling, Anifah, a former Umno man turned independent, expressed disappointment over the EC’s decision not to appeal against the election court ruling “as it was its men who had flopped”.
In GE14, Anifah had won the seat with a 156-vote majority in a three-cornered fight, securing 11,942 votes against Karim, who gained 11,786 votes, and Parti Harapan’s Jaafar Ismail, who garnered 1,300 votes.