
In his action filed in the High Court in Seremban today, Streram sought an order compelling the EC to hold a by-election for the seat.
The chief judge of Malaya will now appoint an election judge to hear the complaint as the EC had gazetted the result for the seat on May 3.
Streram, who was denied entry into the nomination centre to file his papers, has also filed a suit for misfeasance in public office against the returning officer and the EC.
Streram said he received his authorisation letter from PKR president Dr Wan Azizah Wan Ismail to use the party logo on April 24, and the following day paid RM8,000 in election deposit at the Seremban EC office.
He said he was never informed by the EC or its agents that name tags or an entry pass were required to gain access to the Dewan Sri Rembau nomination centre on April 28.
He said at about 4.30pm on April 27, a friend told him to get the passes at the Rembau district office. He said he arrived there at 6.45pm but the office was closed.
An unidentified woman staff told him that he could collect the tags at Dewan Sri Rembau the following day.
Streram said he and his proposer and seconder arrived at the centre at 8am to collect the tags in order to file his papers at 9am.
He said he asked a policeman to call an EC officer from the centre to provide the tags, but none came out.
He said Yusof Tapar, the proposer for the opposition candidate contesting the Rembau parliament seat and later the candidate for the Paroi seat, Mohamad Taufek Abdul Ghani, came out of the centre to help him get in but were unsuccessful.
At about 9.40am, two EC officers came out to meet Streram and assured him they were making arrangements to provide the passes. They went back to the centre but did not return.
Returning officer Amino Agos Suyub later declared Mohamad as the winner as there was no other contestant for the seat.
Streram lodged two police reports and, on April 30, wrote to the EC to rectify the mistake and allow him to contest.
However, in a letter dated May 4, the EC said Mohamad’s victory had already been gazetted.
Streram said there was no legal requirement to have passes to enter the centre, adding that the EC had not informed him about it when he collected the nomination form or when he paid the deposit.
He said the EC had breached provisions in the Election Offences Act 1954 and regulations when its officers did not order the police to allow him, his proposer and seconder into the centre.
As a result, he said, although qualified, he was denied the constitutional right to contest in the election.
“The voters in Rantau were also not given the chance to cast their ballots,” he said.