Appeal by EC, ex-MB on Rantau seat to be heard on Feb 18

Appeal by EC, ex-MB on Rantau seat to be heard on Feb 18

Lawyer Mohamed Rafique Rashid Ali says parties have been given until Feb 4 to file their written submissions.

PUTRAJAYA:
The Federal Court has fixed Feb 18 to hear the appeal by the Election Commission (EC) and former Negeri Sembilan menteri besar Mohamad Hassan to set aside the Election Court’s order to hold fresh polls for the Rantau state seat.

Lawyer Mohamed Rafique Rashid Ali said the date was fixed during case management today before deputy registrar Syahrin Jeli Bohari.

“Parties have also been instructed to put in their written submissions by or before Feb 4,” said the lawyer who is part of Dr Streram Sinnasamy’s legal team.

Last month, Election Court judge Azimah Omar allowed Streram’s petition for a fresh election to be held, ruling that Mohamad had not been duly elected.

She said there would have been a contest for the seat if Streram had been allowed to file his nomination papers on April 28.

She also said there was ample evidence that Streram, his proposer and seconder were denied entry to the nomination centre.

She said there was no law or regulation barring candidates, their proposers and seconders from walking into nomination centres to file their papers.

Returning officer Amino Agos Suyub had declared Mohamad the winner as there was no other contestant for the seat.

Streram filed his petition on May 23 to nullify the EC’s decision to declare Mohamad the winner.

He said there was no legal requirement for 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 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.

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