Court sets Feb 18 to hear Mohamad, EC’s appeal
PUTRAJAYA: The Federal Court has fixed Feb 18 next year to hear the appeal against an Election Court’s decision in declaring the 14th General Election result for the Rantau state seat as null and void, and its order for a by-election to be held immediately.
Lawyer Muhammad Rafique Rashid Ali, representing PKR candidate Dr S. Streram, who filed the election petition, said the court would hear the appeal by the Election Commission (EC) and Umno deputy president Datuk Seri Mohamad Hasan.
The matter came up for case management yesterday before deputy registrar Syahrin Jeli Bohari.
Rafique said the appeal by returning officer Amino Agus Suyub against his three months’ jail sentence, which was meted out by the Election Court for contempt, had been set for hearing on Jan 7 at the Court of Appeal.
Mohamad’s lawyer, Abu Bakar Isa Ramat, said all parties were required to file records of appeal on Jan 24 and their respective submissions on or before Feb 4.
On Nov 16, the Election Court in Seremban allowed Dr Streram's election petition to nullify Mohamad’s unopposed victory in Rantau.
Judge Datuk Azimah Omar declared the results null and void after ruling that Mohamad had not been duly elected as the Rantau assemblyman.
She held that there was no election rule stating that an electoral candidate, proposer and seconder should have a tag or pass to submit the nomination form.
Mohamad, the former menteri besar, won the seat unopposed after Dr Streram was prohibited from entering the nomination centre on April 28 because he did not have a pass from the EC.
Dr Streram filed the election petition on May 23 to nullify Mohamad’s victory and sought a byelection.
In his petition, he claimed that the EC had failed to inform him that he needed a name tag or pass to enter the nomination centre. Dr Streram named Mohamad, Amino Agus, and the EC as respondents.