Court to hear Sivarraajh’s application against EC on Monday


SM Amin

MIC vice-president C. Sivarraajh's leave application for a judicial review to challenge the EC's decision to invalidate him as a candidate in the Cameron Highlands by-election will be heard tomorrow. – The Malaysian Insight file pic, January 6, 2019.

The courts will tomorrow hear MIC’s leave application for a judicial review over the disqualification of C. Sivarraajh to contest in the Cameron Highlands by-election.

The leave application is the first step before a proper review could be heard by the court.

Sivarraajh’s lawyer A. Vasanthi said the leave application will be heard at the Kuala Lumpur High Court tomorrow morning at 9am.

“Tomorrow is the hearing for our application for leave from the court to proceed with the judicial review.

“Only after this we will know if the court allows us to go ahead with the judicial review or not,” she told The Malaysian Insight today.

Sivarraajh, when contacted, confirmed the leave application will be heard tomorrow.

Previously, MIC president S. Vigneswaran said the party will seek a judicial review over the Election Commission’s move to disqualify Sivarraajh after an election court annulled BN’s win in GE14.

Vigneswaran said his party felt EC’s decision was not in accordance with the law.

“We think Election Commission’s decision is absurd and is wrong by law,” Vigneswaran said.

On December 28, EC said that the MIC vice-president was ineligible to contest the Cameron Highlands by-election on January 26 as he was implicated in corrupt practices to win the parliamentary seat during the 14th general election.

Election Commission chairman Azhar Azizan Harun has declared C. Sivarraajh ineligible to contest in the Cameron Highlands by-election as he was implicated in corrupt practices to win the seat in GE14. – The Malaysian Insight file pic, January 6, 2019.

EC chairman Azhar Azizan Harun said the decision was made after referring to legal advisers on the former MP’s eligibility for the Cameron Highlands seat.

He said Sivarraajh was also barred from registering as a voter or contesting as a candidate for any election for a period of five years from December 13, 2018.

“The Election Commission will now take appropriate steps, as provided for under existing election acts and laws,” Azhar said in the statement.

Despite the uncertainty over the judicial review’s outcome, MIC is going ahead with preparations for the by-election.

MIC is running out of time if it still wants to name Sivarraajh as the candidate as nomination for the by-election is on January 12.

Earlier today, MyPPP president M. Kayveas announced his candidacy for the by-election, joining DAP’s M. Manogaran, who was named as Pakatan Harapan’s candidate earlier this week.

The Cameron Highlands seat was won by BN in GE14, with Sivarraajh winning 10,307 votes against Manogaran’s 9,710 votes in a five-cornered fight.

The Election Commission fixed nomination on January 12 and polling on January 26. – January 6, 2019.


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