The Melaka High Court today dismissed the preliminary objection of the election petition filed by Barisan Nasional candidate Abdul Hakim Abdul Wahid to nullify the results of the Masjid Tanah parliamentary seat, which was won by Mas Ermieyati Samsudin at the 15th general election (GE15).
Judge Anselm Charles Fernandis delivered the decision after finding that two of the four grounds of initial objection submitted had the merit to be dismissed, according to Section 36 (1) of the Election Offences Act 1954.
He said two basic points of the objection were filed out of time as prescribed under the law and that the content of the petition, related to the appointment of an election agent by the candidate who contested, was not clear.
"The court declares that Mas Ermieyati’s election as Masjid Tanah MP in GE15 is valid, and orders the petitioner to pay costs of RM20,000," he said.
Lawyer Rosfinah Rahmat, representing Hakim, said they would file an appeal to the Federal Court within 14 days.
Hakim filed the petition on Jan 3, alleging that bribery in the form of money and banquets was used to woo voters at GE15.
In the initial objection application for the petition to be rejected by the court, Mas Ermieyati, as a respondent, claimed among others that the petition was filed out of time as prescribed under Section 38 of the Election Offences Act 1954.
Hakim, as the petitioner, was also alleged to have erred because he did not name the returning officer and the Election Commission officer in the petition.
Mas Ermieyati (PN-Bersatu) won the seat with a majority of 4,411 votes in a four-cornered clash against Hakim, Mutalib Uthman (Muda) and Handrawirawan Abu Bakar (GTA-Pejuang).