Objection to Bagan Datoh petitions up for tomorrow
Hafiz YatimPublished: Jan 21, 2014 3:54 PM | Updated: Jan 21, 2014 5:54 PM
The preliminary objections raised by lawyers representing Home Minister Ahmad Zahid Hamidi over two election petitions filed against him to challenge his victory in the Bagan Datoh parliamentary seat is to be heard by the Election Court in Kuala Lumpur tomorrow.
UPDATED 5.10PM
On two election petitions challenging Ahmad Zahid's victory.
The preliminary objections raised by lawyers representing Home Minister Ahmad Zahid Hamidi over two election petitions filed against him to challenge his victory in the Bagan Datoh parliamentary seat is to be heard by the Election Court in Kuala Lumpur tomorrow.
This comes after judge Hasnah Mohammed Hashim today dismissed an objection raised by PKR candidate Madhi Hassan and a voter through their counsel that Ahmad Zahid’s (left) preliminary objection should not be heard.
The court, Justice Hasnah said, could not ignore then fact that the preliminary objection had not been raised before and that the Federal Court did not decide on it.
“Therefore, I am dismissing the objection and will hear the respondent’s (Zahid’s) preliminary objection tomorrow,” she said.
PKR’s Madhi and voter Azman Sulaiman filed the petition on the grounds that Zahid, who is also an Umno vice-president, could have spent money beyond the limit allowed in a general election.
They also alleged that Zahid may have committed graft by way of the gifts, including sacks of rice and other items, that were distributed to voters there.
'Preliminary objection raised before'
Earlier, Madhi's counsel Edmund Bon submitted that the preliminary objection was res judicata (something that has been decided) as they have been brought before in the Election Court or by the Federal Court.
The grounds, Bon (left) said, were similar and hence the court should not hear the preliminary objection.
There are six grounds to the preliminary objection and, as pointed out by Umno lawyer Firoz Hussein Ahmad Jamaluddin, some are new.
These include the fact that an election petition has to be disposed of within six months, which Firoz Hussein pointed out as a new ground.
The lawyer said the petition was filed on June 11, 2013, when presentation (of the petition) was made.
"The matter should have been disposed of by Dec 10, 2013. This is stated under Section 35A of the Election Offences Act.
"Therefore, the intention of Parliament is clear, beyond any iota of doubt, that the trial of this petition must be completed not later than the time-frame of six months from the date of its presentation," Firoz Hussein said, adding that the court may not have jurisdiction to hear the matter beyond the period.
The amendment to Section 35A was made in 2003.
This comes after judge Hasnah Mohammed Hashim today dismissed an objection raised by PKR candidate Madhi Hassan and a voter through their counsel that Ahmad Zahid’s (left) preliminary objection should not be heard.The court, Justice Hasnah said, could not ignore then fact that the preliminary objection had not been raised before and that the Federal Court did not decide on it.
“Therefore, I am dismissing the objection and will hear the respondent’s (Zahid’s) preliminary objection tomorrow,” she said.
PKR’s Madhi and voter Azman Sulaiman filed the petition on the grounds that Zahid, who is also an Umno vice-president, could have spent money beyond the limit allowed in a general election.
They also alleged that Zahid may have committed graft by way of the gifts, including sacks of rice and other items, that were distributed to voters there.
'Preliminary objection raised before'
Earlier, Madhi's counsel Edmund Bon submitted that the preliminary objection was res judicata (something that has been decided) as they have been brought before in the Election Court or by the Federal Court.
The grounds, Bon (left) said, were similar and hence the court should not hear the preliminary objection.There are six grounds to the preliminary objection and, as pointed out by Umno lawyer Firoz Hussein Ahmad Jamaluddin, some are new.
These include the fact that an election petition has to be disposed of within six months, which Firoz Hussein pointed out as a new ground.
The lawyer said the petition was filed on June 11, 2013, when presentation (of the petition) was made.
"The matter should have been disposed of by Dec 10, 2013. This is stated under Section 35A of the Election Offences Act.
"Therefore, the intention of Parliament is clear, beyond any iota of doubt, that the trial of this petition must be completed not later than the time-frame of six months from the date of its presentation," Firoz Hussein said, adding that the court may not have jurisdiction to hear the matter beyond the period.
The amendment to Section 35A was made in 2003.
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