The Election Court here allowed the application by Azmi Mahmood, who had filed the election petition on behalf of defeated Barisan Nasional candidate Tengku Razaleigh Hamzah, Bernama reported.

Razaeligh had narrowly failed to win a ninth term as MP. Only 163 votes separated Razaleigh from the winning candidate, Azizi Abu Naim of Perikatan Nasional, and two others.

Azizi, returning officer Ab Fatah Hasbullah and the Election Commission had been named as respondents to the petition, filed by Azmi in January.

Azmi had alleged that money politics was involved, and also claimed that ballot boxes from certain polling district centres were unaccounted for, and that ballot papers were not returned.

Federal counsel Ahmad Hanir Hambaly representing Ab Fatah and the Election Commission, said Azmi had alleged there had been an election violation as a voting channel, Sekolah Menengah Kebangsaan Felda Chiku, had never existed.

He argued that the application to withdraw the petition against Ab Fatah and the EC was because the two had nothing to do with the petition against Azizi.

Azmi’s lawyer, Hafarizam Harun, said Azmi had decided not to continue the petition against the returning officer and the EC and offered RM5,000 in costs.

However, Hanir urged that the costs be raised to RM10,000 which he felt was reasonable.

The court dismissed the petition against the two with costs set at RM6,000.

High Court judge Roslan Abu Bakar sat as election judge after hearing arguments from Hanir and Hafarizam.

Justice Roslan then set Feb 26 for decision on the preliminary objection to the petition.

Azizi’s lawyer, Takiyuddin Hassan, later said he was surprised that the petitioner had withdrawn the petition against the second and third respondents as this rarely happens.