PUTRAJAYA: The Rantau state assembly seat in Negri Sembilan will see a by-election after Umno deputy president Datuk Seri Mohamad Hasan lost his appeal bid at the Federal Court.
This was after the apex court dismissed the former three term assemblyman's appeal against Election Court’s decision in declaring the 14th general election results for the Rantau state seat as being null and void.
The five-man bench led by Chief Justice Chief Tan Sri Richard Malanjum today unanimously decided on the dismissal of Mohamad's appeal against the Election Court's decision.
The other judges were Datuk Seri Panglima David Wong Dak Wah, Datuk Alizatul Khair Osman Khairudin, Datuk Tengku Maimun Tuan Mat and Datuk Rohana Yusuf.
The bench also ordered the Election Commission and Mohamad to pay RM10,000 each in damages to PKR candidate Dr S. Streram.
Dr Streram was represented by four counsels led by Mohamed Haniff Khatri Abdulla while Mohamad was represented by five lawyers led by Datuk Mohd Hafarizam Harun.
Last Nov 29, Mohamad appealed against the decision by the Seremban Election Court which ordered a fresh election after allowing Dr Streram's election petition to nullify Mohamad’s victory.
The Election Court Judge Datuk Azimah Omar declared the results for the state seat as null and void after ruling that Mohamad was not duly elected as Rantau assemblyman.
She held that there was no election rule stating that an electoral candidate, proposer and seconder should have a tag or pass to submit the nomination form.
Dr Streram who is an anaesthetist by profession, was prohibited from entering the nomination centre on April 28 last year, because he did not have a pass issued by the EC.
He subsequently filed the election petition last May 23 to nullify Mohamad’s victory and sought for a by-election for the seat.
In his petition, he claimed the EC failed to inform him when collecting the nomination form and making the deposit payment that he needed a name tag or pass to enter the nomination centre on nomination day.