KUALA LUMPUR: A Putrajaya voter has filed a petition to nullify the outcome of the Nov 19 polls that resulted in Perikatan Nasional (PN) candidate Radzi Jidin winning the Putrajaya seat in his maiden attempt.
Ahmad Faisal Abdul Karim, in his suit filed on Jan 26, claimed voters were bribed RM150 each to ensure Radzi won the seat.
In the 15th general election, Radzi, a former education minister, defeated Tengku Adnan Mansor, better known as Ku Nan, by winning the seat with a 2,310 vote majority in a six-cornered fight.
Radzi polled 16,002 votes while Ku Nan, who was defending the seat which he had held since 2004, polled 13,692 votes.
The complaint is filed under Section 32 of the Election Offences Act 1954 which provides several grounds on which an election may be nullified.
These are “general bribery, general treating or general intimidation that have so extensively prevailed that they may be reasonably supposed to have affected the result of the election”, non-compliance with the provisions of any written law and corrupt practices by a candidate or his election agent.
Faisal, who is also Putrajaya Umno division vice-chairman, wants the election results to be revoked and a by-election held.
However, Radzi filed a preliminary objection on Feb 12 to strike out the petition on the grounds that it lacked particulars on the bribery allegation.
The Bersatu vice-president also said the notice did not mention the names of Faisal’s lawyers.
Election judge Faiza Jamaludin will rule on the preliminary objection on March 10.
Radzi’s counsel Takiyuddin Hassan said the petitioner had not provided a brief and concise fact of his bribery allegation as required under the Act.
Another lawyer for Radzi, Yusfarizal Yussoff, said it was a mandatory requirement to stamp the names of the lawyers in the notice.
“A Federal Court has stated that this is a mandatory requirement which cannot be ignored under election rules,” he added.
Lawyer Hafarizam Harun, representing Faisal, responded that the detailed facts of bribery would be tendered by witnesses during the trial.
“We have the names of those bribed and will tender the evidence to prove our case,” said Hafarizam who was assisted by Norhazira Abu Hayan and Amin Othman.
Hafarizam said there was no specific requirement in the Stamp Act 1949 to stamp the names of the lawyers on the notice.
Apart from the petition over the Putrajaya seat, 11 other petitions for parliamentary seats were filed after the Election Commission gazetted the poll results.
The seats are Lubok Antu, Sandakan, Segamat, Putatan, Tenom, Tuaran, Gua Musang, Kemaman , Marang, Kuala Terengganu and Masjid Tanah.