
A five-member bench chaired by Chief Justice Richard Malanjum said PKR candidate Dr Streram Sinnasamy had the locus standi to file the petition although he could not submit his nomination papers.
“The appeal is dismissed with costs, and we are of the view that an election must be held.
“Written grounds will be delivered later,” he said to the packed court room.
The bench, consisting of Malanjum, Chief Judge of Sabah and Sarawak David Wong Dak Wah, Rohana Yusof, Alizatul Khair Osman Khairuddin and Tengku Maimun Tuan Mat, ordered the Election Commission (EC) to pay Streram RM20,000 in costs.
In the November ruling, the Election Court had allowed the petition by Streram for a fresh election to be held for the state seat.
Judge Azimah Omar said incumbent assemblyman Mohamad Hassan had not been duly elected, and that there would have been a contest for the seat if Streram had been allowed to file his nomination papers on April 28.
She said there was ample evidence that Streram, his proposer and seconder were denied entry to the nomination centre, which she called an act of suppression.
Streram filed the petition on May 23 to nullify the EC’s decision to declare Mohamad the winner of the Rantau seat.
He said he was never informed by the EC or its agents that name tags or entry passes were required to gain access to the Dewan Sri Rembau nomination centre.
Mohamad’s lawyer Mohd Hafarizam Harun earlier submitted that Streram’s petition must be rejected as he was not a candidate who had lost in the election.
“The court must determine the purity of the election and ensure the strict compliance with rules and regulations,” he said.
However, counsel Mohamed Haniff Khatri Abdulla said Streram had paid his election deposit and arrived at the nomination centre with his proposer and seconder.
“The election begins from the day the EC issues the writ, not after candidates file their nomination papers,” he said, adding that the authorities’ refusal to allow Streram to enter the centre without a pass was a breach of his constitutional rights.
Mohamad later told reporters that he accepted the court’s decision.
The acting Umno president said he had prepared a long time for the by-election.
“Now we will have to wait for the EC to announce the date for the by-election,” he said.
Streram meanwhile said he was happy with the ruling and ready to contest.
Stay current - Follow FMT on WhatsApp, Google news and Telegram