Sivarraajh fails to quash EC’s by-election ban
KUALA LUMPUR: Former Cameron Highlands member of parliament Datuk C. Sivarraajh failed in his bid to challenge the Election Commission’s (EC) decision to disqualify him from contesting or voting in the Cameron Highlands by-election.
High Court Judge Datuk Nordin Hassan yesterday dismissed Sivarraajh’s judicial review application.
Nordin ruled that the Election Commission’s decision, through a letter dated Dec 28, was in accordance with the law and the decision was safe.
“There is no illegality or irrationality with the said decision as the decision is safe, and therefore, the application by the applicant is dismissed,” he said.
He also ordered Sivarraajh to pay RM5,000 in costs.
Nordin also said in his judgment that the Election Court’s report to the EC in totality showed that corrupt practices were committed by the applicant or with the knowledge and consent of the applicant.
“This is consistent with the judgment of the Election Court that the applicant had been convicted of the corrupt practices.”
He said the incapacities for corrupt practices as provided under the Election Offences Act 1954 was the incapability of being registered or listed as an elector or voter in any election, or being elected within five years.
The decision was made after the judge heard submissions on the judicial review application by both parties.
Counsel A. Vasanthi represented Sivarraajh while senior federal counsel Suzana Atan acted for the EC.