THE Seremban Election Court today ordered a by-election for the Rantau state seat after allowing PKR candidate Dr Streram Sinnasamy’s application that Election Commission was wrong to deny him to file his nomination papers in GE14.
Justice Azimah Omar made the ruling this morning, which means incumbent assemblyman, the former Negri Sembilan menteri besar Mohamad Hasan, would have to contest again.
“The court allows the election petition filed. Mohamad Hasan is not valid as Rantau assemblyman.
“The first respondent (Mohamad) was not chosen legally. There should be a by-election held in Rantau,” she said in the decision.
Returning officer Amino Agos also needs to pay Streram RM30,000 cost.
Azimah also rapped Amino for preventing Streram from contesting.
“It violates his right as a candidate and voter.”
However, the case might be subjected to an appeal in the Federal Court before a by-election is called.
Mohamad retained the seat without contest when Streram did not file his nomination papers.
Streram claimed he was denied entry to file his nomination papers in the May 9 general election.
On May 23, Streram filed his petition to nullify the EC’s decision to declare Mohamad the winner of the Rantau state seat.
Streram said returning officer Amino Agos Suyub and the EC had breached their statutory duty under the Election Offences Act, and that the results must be nullified and a by-election held.
Streram said he paid the deposit of RM5,000 to register as a candidate and another RM3,000 for campaign material on April 25.
At no time did the EC inform him that name tags or entry passes were needed for the candidate and his representatives to enter the nomination hall on April 28.
An overjoyed Streram said outside the courtroom the decision was a victory for democracy.
Meanwhile, Mohamad said he would leave it to the lawyers to decide if they wanted to appeal or not.
“I will discuss with my lawyer on the next step. I will discuss whether I should appeal or not,” he said.
Mohamad’s lawyer, Hafarizam Harun, said he will look into full grounds of judgment and has 14 days to decide.
The Umno deputy president added that he would contest in Rantau again but ultimately, it is up to Barisan Nasional to decide. – November 16, 2018.
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