The Federal Court has today turned down a High Court decision ordering a by-election in Pensiangan, Sabah. Whatever the reason there will not be a 4th by-election falling on the same date as the other 3. It may be a relief to most concerned -but the right of the voters in Pensiangan must not be compromised -thus a by-election should not be avoided on the basis of some expediencies, if any!
March 13, 2009 11:06 AM
Kurup’s Appeal Allowed, No By-election In Pensiangan
KOTA KINABALU, March 13 (Bernama) — The Federal Court here today overturned the Kota Kinabalu High Court’s decision to nullify the election of Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup to the Pensiangan parliamentary seat in the March 8 general election last year.
Kurup won the seat unopposed on nomination day after the returning officer rejected the nomination papers of Danny Anthony Andipai of Parti Keadilan Rakyat (PKR) and another candidate.
He was subsequently appointed Deputy Rural and Regional Development Minister. Andipai then petitioned to the election court to nullify the election result, naming Kurup and the returning officer, Bubudan OT Majalu, as respondents.
The Federal court also struck out an appeal by a voter to quash the election court’s decision to dismiss her petition challenging the election of the Barisan Nasional’s (BN) Datuk Dr Yee Moh Chai as the Api Api state assemblyman in the general election.
Dr Yee, the Parti Bersatu Sabah deputy president and state Resource Development Minister, won the seat with a 174-vote majority against Parti Keadilan Rakyat’s Christina Liew.
The petition was filed by Api Api voter Audrey Karen Barry, who claimed that there were elements of corrupt practice or general intimidation by Dr Yee or his agents, including printing and distributing pamphlets containing false and inflammatory statements.
The Federal Court, comprising Appeal Court President Tan Sri Alauddin Mohd Sheriff, Chief Justice of Malaya Datuk Arifin Zakaria and Justice Datuk Nik Hashim Nik Abd Rahman heard submissions from both parties on Feb 12 and reserved judgment to today.
Nik Hashim delivered both judgments.