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PKR challenging election results of Marudu, Kudat and Pensiangan
Published on: Thursday, June 13, 2013
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Kota Kinabalu: Parti Keadilan Rakyat (PKR) filed three election petitions in the High Court here Wednesday seeking orders to nullify Barisan National's victory in the Kota Marudu, Kudat and Pensiangan parliamentary seats.Datuk Maijol Mahap is seeking an order to nullify the election of Datuk Dr Maximus Ongkili. He named Ongkili, the Returning Officer and the Election Commission (EC) as the first, second and third respondent.

Maximus, who is PBS deputy president, won the seat after he garnered 15,168 votes against the 14,326 votes polled by Maijol.

Majamis Timbong of Star and Yuntau Kolod of SAPP only managed 2,228 and 444 votes, respectively.

Maijol when met by reporters after filing his petition said at the level of PKR headquarters they feel that the people of Kota Marudu have been aggrieved by the result both by the system and also the way the election was conducted and that the Kota Marudu people wished to put up the petition.

He said the grounds of petition, among others, are the massive money briberies that happened during the election; failure to observe election laws on the part of EC, which they think affected the result of the election as a whole.

"There is also a ground of the inedible ink that is widely reported all over the nation before, during and after the election," he said.

"We also have included for Kota Marudu, the massive number of non-returned ballot papers.

"According to the official result by the EC, the number was 48 ballot papers but our finding showed that it was much more than that. So we think, there is a great discrepancy occurring there," added Maijol who was accompanied by his supporters including former Matunggong assemblywoman Jornah Mozihim.

Meanwhile, Rahimah Majid is seeking a declaration that BN's Datuk Abd Rahim Bakri was not duly elected for the Kudat MP seat.

She named Abd Rahim, the Returning Officer Sebastian Lim and the EC as the first, second and third respondent, respectively.

Abd Rahim won the seat by a 12, 376-vote majority after polling 21,883 votes compared to the 9, 507 votes obtained by Rahimah, 3,083 by Jutirim Galibai Galabi (Star) and 963 by Mojurip Diyun (SAPP).

In the other petition, Richard Sakian Gunting named Tan Sri Joseph Kurup, the Returning Officer and the EC as the first, second and third respondent, respectively.

Kurup won the Pensiangan MP seat after he garnered 9,467 votes against the 7,723 votes polled by Richard, 3,554 by Martin Tomy @ Tommy (Star) and 152 votes by Independent candidate Fatimah Agitor.

In SANDAKAN, a 37-year-old voter Jaffari Waliam of Kg Gas, Jalan Batu Sapi filed an election petition against the Libaran constituency's result.

Filing the petition through lawyer Marcel Jude, Jaffari named Returning Officer Jeffery Aman, EC chairman Tan Sri Abdul Rashid Abdul Rahman and BN candidate, Datuk Juslie Ajirol as the first, second and third respondent.

Jaffari, among others, claimed that the first respondent committed discrepancies and suspicious activities in the handling of the postal votes and the votes of persons who were unable to vote on May 5 and the polling agent and the counting agent were denied sufficient entry and facilities to undertake their activities.

He also claimed that the first respondent was biased towards the BN and the third respondent and acted to the prejudice of the other parties in the application of the 50 metre rule at the respective polling stations.

Jaffari also said notwithstanding the gazetting of the results of the 13th General Election, the second respondent whether by himself and without justification published a corrigendum in the Government Gazette on May 31 to unlawfully rectify errors or to manipulate the publication of the election results.

He also claimed that the third respondent and his servants or agents used vehicles belonging to the government to conduct and undertake campaigning activities for the third respondent and the BN.

According to Jaffari, the third respondent utilised and spent a total of RM1,191,880 for the election in the Libaran parliamentary constituency in respect of transportation expenses for the election in contravention of Section 19(1)(a) of the Election Offences Act 1954 which provides for a maximum fine of RM200,000.





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