PUTRAJAYA: The Election Commission (EC) has decided to file an appeal against the Election Court’s decision on the N27 Rantau State Assembly Election petition.
EC chairman Azhar Azizan Harun said the decision to appeal was made after scrutinising the oral judgment in the case involving the N27 Rantau State Assembly seat Election petition.
He adds that they had also taken into account the advice of lawyers, in particular on the effect of some factual and legal findings on officers and the EC itself on operations in managing election in the future.
"The EC wants to clarify that the appeals made was based on fact finding involving the EC and its officers and that it did not involve the cancellation of the N27 Rantau State Assembly Election during the 14th General Election,” he said in a statement.
The Special Election Court on Nov 16 decided that Barisan Nasional’s Datuk Seri Mohamad Hasan's victory in the State Legislative Assembly election seat in the GE-14 was invalid and void.
On April 28, PKR candidate Dr S. Streram was not allowed to contest in GE14 when he did not have the pass issued by the EC to enter the nomination centre and following that Mohamad was declared the winner of the seat uncontested.
On May 23, Dr Streram filed a petition in court to seek the state seat election to be held again as seat holder Mohamad was not duly elected and his victory should be nullified.
Election Court Judge Azimah Omar in her judgment stated that no election rule states that an electoral candidate, proposer and seconder should have a tag or pass to submit the nomination form.
"This was acknowledged by the second and third respondents in their written submissions," she said.
Streram, who was denied entry to submit his nomination form due to the absence of the tag or pass, had named Mohamad, the former mentri besar of Negri Sembilan, as the first respondent, Rembau parliamentary constituency returning officer Amino Agus Suyub as the second respondent and the Election Commission as the third respondent.