Marzuki lost the contest for the Tasek Gelugor seat to Shabudin, who won with a majority of 81 votes in the May 9 polls.

Marzuki subsequently filed an election petition seeking a recount of 689 spoilt votes and 297 unreturned (postal) votes.

Justice Hashim Hamzah dismissed the case based on the preliminary objection raised by Shabudin and upon finding that the petition had omitted the “wrongs” committed by the Election Commission (EC) in conducting the election in Tasek Gelugor.

He said Marzuki’s petition should have been written as per the guidelines in the Election Act 1958.

Marzuki’s lawyer Muhammad Rafique Rashid Ali urged the court to hear Marzuki’s representations but EC lawyer Marina Nasution argued that the petition should be dismissed as it was defective.

Hashim, concurring with Marina, dismissed the case and ordered Marzuki to pay Shabudin RM10,000 in costs.

Shabudin was represented by Simon Tan while Marzuki was represented by Rafique and Azlina Mehtab Mohd Ishaq

Marzuki’s petition, filed on June 12, had named Shabudin as first respondent, the Tasek Gelugor polls returning officer as second respondent and the EC as the third respondent.

Marzuki had asked the court to consider a by-election for the Tasek Gelugor parliamentary seat and a recount as the votes garnered by the winning party were less than 4%, as allowed under the Election (Conduct of Elections) Regulations, 1981.

Marzuki is now deputy foreign affairs minister, having been appointed to the post after being sworn in as a senator on July 17.