Allowing Radzi’s preliminary objection, Justice Faiza Jamaludin said the election petition by Ahmad Faisal Abdul Karim lacked facts and particulars to support allegations that bribes were paid to voters to ensure Radzi won the seat.
Radzi won the seat at the 15th general election (GE15) with a 2,310-vote majority.
“I find the petitioner will not be able to succeed in his cause of action under section 32(c) of the Election Offences Act 1954,” the judge said in a ruling delivered online.
Faiza said the claim was shorn of facts and particulars relating to the allegations of bribery, making it impossible for Faisal to prove his case beyond reasonable doubt if a trial were held.
“Accordingly, I find the petition has not complied with rule 4(1)(b) of the election petition rules and therefore defective,” she ruled.
She said that as an election judge, she was constrained by the powers expressly vested in her under the Election Offences Act 1954.
“The petitioner’s failure to comply with the (requirements for) pleadings and procedures has resulted in a jurisdictional defect which deprived me of hearing the petition,” she added.
Radzi, who was represented by Yusfarizal Yussoff, was awarded RM20,000 in costs.
In his suit filed on Jan 26, Faisal claimed voters were bribed RM150 each to ensure Radzi won the seat.
In the 15th general election, Radzi, a former education minister, defeated Tengku Adnan Mansor, better known as Ku Nan, by a 2,310-vote majority in a six-cornered fight.
Radzi polled 16,002 votes while Tengku Adnan, who was defending a seat he had held since 2004, polled 13,692 votes.
Faisal, who is also the Putrajaya Umno division vice-chairman, wanted the election results revoked and a by-election held.
However, Radzi filed a preliminary objection on Feb 12, seeking to strike out the petition on the grounds that it lacked particulars as to the bribery allegations.
Lawyers Hafarizam Harun, Norhazira Abu Hayan and Amin Othman represented Faisal.
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