KUALA LUMPUR — June 12, 2019: Datuk Seri Ahmad Hamzah of Barisan Nasional remains the MP of Jasin after an election court today rejected a petition from Pakatan Harapan candidate in last year’s general election Datuk Seri Khairuddin Abu Hassan.
Judge Abu Bakar Jais dismissed the petition after finding that Khairuddin had failed to prove that non-compliance under the Election Offences Act had affected the result.
“The statutory provision of Section 32 (b) Election Offences Act 1954 requires this to be proven. Since the petitioner is relying on this ground, it cannot be disputed. It must be proven the non-compliance had affected the result and in this case it was not proven.
“Furthermore, none of the polling agents and candidates had objected during vote counting and they had wholeheartedly accepted the result. They saw with their own eyes every vote given to the candidates,” remarked Abu Bakar.
Abu Bakar also ordered Khairuddin to pay costs of RM400,000 — RM200,000 to Ahmad as the first respondent and the rest to the second respondent, Jasin parliamentary seat returning officer Zamrud Yahya, and the third respondent, the Election Commission.
A total of 44 witnesses testified during the 25-day hearing.
Khairuddin, when met after the decision, said he would not appeal while Ahmad pledged to continue to discharge his duties as MP.
Khairuddin lost to Ahmad by 219 votes in a three-cornered fight. Ahmad retained the seat when he obtained 26,560 votes. PAS candidate Abd. Alim Shapie received 8,860 votes.
Khairuddin filed the petition in June last year, asking the court to declare the result null and void and to order a fresh election. — Bernama