Published on: Saturday, August 21, 2004 |
Tawau: The Election Court here Friday dismissed with costs the election petition filed by Johani Abdul Halim, the defeated Independent candidate for the Lahad Datu State seat in the March general election.
Judge Datuk Sulong Matjeraie made the ruling on the grounds of non-compliance on the part of the Johani with regard to Rule 3(2) of the Election Petition Rules 1954, which requires him to leave with the court registrar the petition and two copies.
...the language employed in Rule 3(2) gives no room for doubt. The words there shall also be left with the petition two copies thereof, are prosaic and clear, he said.
Justice Sulong said all the respondents could do under such as a situation was to make a file search.
The file search revealed that there was only one original copy and one copy of the courts docket. Nothing more can be done. It is for this reason the respondent submits that this court should check the courts docket and verify the facts, he said.
As to the Johanis contention that the Election Judge was in no duty to play an inquisitorial role but merely to decide on the facts presented before him by parties concerned, Justice Sulong said the proof of the pudding is in the tasting. I have to verify and check the file and this has been done in the case of Mustafa bin Musa vs Mohd Apandi bin Muhamad.
Justice Sulong said he checked the case docket and confirmed the search made by the respondent.
Citing various authorities on the matter, Justice Sulong said any failure to observe Rule 3(2) was fatal.
The Election Court can also exercise its inherent power to dismiss or strike out petitions which are defective, he said, adding the requirement to leave sufficient copies of the petition as stipulated was mandatory and its non-compliance would result in the petition being dismissed.
I hereby certify that the respondent, Datu Nasrun bin Datu Mansur has been duly elected and that his election is not void, he said.
Datu Nasrun won the Lahad Datu seat with a majority of 5,072 votes, beating five other candidates. - Bernama
