THE Kuala Lumpur High Court today rejected a judicial review application filed by former Cameron Highlands MP C. Sivarraajh, to challenge the decision by the Election Commission to bar him from contesting in elections for the next five years. 

Justice Nordin Hassan ruled that the commission’s decision to bar him from contesting or voting in the next five years does not violate the Election Offences Act 1954.

Nordin ruled that Sivarrajh was subject to election laws after being found guilty of corrupt practices and as a result, is incapable of being a candidate or a voter. He also ordered Sivarraajh to pay the commission RM5,000 in costs. 

Sivarraajh was represented Vasanthi Arumugam, while senior federal counsels Suzana Atan and Narkunavathy Sundareson represented the EC.

Sivaraajh, who is MIC vice-president had filed the challenge on December 31 to obtain a court order to overrule the EC’s decision to bar him from politics for five years from December 13 2018, saying it violates Section 37 (1)(a)(i) and (ii) of the election offences act. 

Three days earlier, the EC had declared Sivarraajh ineligible to contest the Cameron Highlands by-election, which has been set on January 26, as he had been implicated in corrupt practices to win the parliamentary seat during the 14th general election.

BN won the Cameron Highlands seat in GE14, with Sivarraajh garnering 10,307 votes against Pakatan Harapan’s M. Manogaran’s 9,710 in a five-cornered fight.

However, the election court on November 30 nullified the result of the seat after finding evidence of corruption to induce voters to vote for Sivarraajh.

The corrupt acts allegedly took place during meetings on April 28, May 3, 6, 7, 8 and 9, as alleged in a petition filed by Manogaran.

Manogaran had alleged that Sivarraajh had campaigned with Pahang Menteri Besar Wan Rosdy Wan Ismail, and handed out between RM30 and RM1,000 to the Orang Asli via their village headmen (batin) to ensure they voted for the BN candidate.

The court ruled that bribery was proven, it however, did not name Wan Rosdy in its judgment.

Following the decision by the election court, the Malaysian Anti-Corruption Commission has begun its own investigation, questioning both Sivarraajh and Wan Rosdy. – January 10, 2019.