THE Federal Court has ordered a retrial of an election petition by Pakatan Harapan candidate Khairuddin Abu Hassan, who is contesting the outcome of the Jasin parliament seat in Malacca won by Umno.

A five-judge bench led by Chief Justice Richard Malanjum, unanimously agreed that Khairuddin, who filed an appeal over the decision, had grounds in his plea.

The court also overruled a ruling by the Kuala Lumpur election court that it had no jurisdiction to hear the matter.

Last October, Judge Che Mohd Ruzima Ghazali said Khairuddin’s petition should have been filed at an election court in Malacca and ruled that Ahmad Hamzah of Barisan Nasional retain his seat. 

Malanjum agreed to a request by Khairuddin’s counsel, Gopal Sri Ram, for retrial to be heard before another judge. Costs of RM20,000 were awarded to Khairuddin. 

Also sitting on the panel were Chief Judge of Sabah and Sarawak David Wong Dak Wah, Federal Court judges Alizatul Khair Othman Said, Rohana Yusof and Tengku Maimun Tuan Mat.

In the May 9 polls, Khairuddin, the former Batu Kawan Umno vice chief, lost to Ahmad by 219 votes.

Khairuddin filed the petition on June 14, under Section 34 (C) of the Elections Offences Act 1954 to seek a declaration that the result of the GE14 for Jasin parliamentary seat was null and void, claiming that the BN politician was unlawfully elected and that a fresh election should be held. – February 18, 2019.