The Kuala Lumpur High Court today dismissed a suit by Parti Keadilan Rakyat (PKR) against the Election Commission (EC) for alleged 'illegalities' during the March 21 general election.

Judicial Commissioner Wan Afrah Wan Ibrahim dismissed the case, filed by PKR on April 29, after allowing a preliminary objection by the Attorney General's Chambers, which represented the EC.

Citing Article 118 of the Federal Constitution in her oral ruling, Wan Afrah said she had no competent jurisdiction to hear the judicial review as it fell under the election court's jurisdiction.

Article 118 states that no election to the House of Representatives or to the Legislative Assembly of a state shall be called in question except by an election petition presented to the High Court having jurisdiction where the election was held.

Therefore, in order to challenge the validity of election results, an election petition must be filed with the Election Court instead of a law suit.

Disqualified trio

Wan Afrah also dismissed an illegality allegedly committed by the EC against PKR leaders Azmin Ali, Mohd Ezam Mohd Nor and Irene Fernandez on the ground that it was not amenable for a judicial review.

In its suit, PKR accused the EC of taking an illegal position in stating that those convicted of a crime cannot contest even if they were in the process of appealing or have not been refused a pardon.

However, Wan Afrah ruled that there was no decision (to disqualify the trio as they did not file their nomination papers) to be challenged and therefore it was not amenable for a judicial review.

On March 12, the Kuala Lumpur High Court rejected an application by the three leaders pertaining to this case on the ground that it was premature.

Changing rules

Other 'illegalities' stated, included the EC's alleged violation of election laws by changing the rules midway during the elections.

PKR had called on the court to review the overall conduct of the elections, which it claimed was tainted with blatant and rampant irregularities.

The EC was represented by senior public prosecutor Azahar Mohamad while PKR was represented by its vice-president R Sivarasa and Abdul Rashid Ismail.

Speaking to reporters later, Sivarasa said the party will decide on whether to file an appeal after the matter is discussed by its leaders. The appeal must be filed within 30 days.

Also present in court this morning was PKR deputy president Dr Syed Husin Ali.

In the recently concluded polls, PKR managed to win only a single seat through its president Dr Wan Azizah Wan Ismail in Permatang Pauh with a slim majority of 590 votes after two recounts.

PKR's Barisan Alternatif ally PAS has also filed a similar suit against the EC but has yet to be heard.