KUALA LUMPUR: MIC’s R. Vidyananthan remained as Kahang assemblyman after the High Court struck out an election petition filed by Parti Pribumi Bersatu Malaysia (PPBM) candidate Noorlihan Ariffin.
Noorlihan filed the petition on June 13 claiming that the polls were illegally conducted as the Election Commission (EC) had intentionally prevented voters from casting their votes at the polling station.
Judge Mohd Nazlan Mohd Ghazali dismissed the petition after allowing an application by Vidyananthan, returning officer Nasri Md Ali and the EC, who were the respondents.
In his judgment, Mohd Nazlan said the court found that the respondents had successfully established the facts to justify the striking out of the petition.
“I dismiss this petition and declare that the first respondent (Vidyananthan) is the duly elected Kahang state assemblyman,” the judge said.
The court ordered RM10,000 to be paid as costs to each respondents.
Noorlihan filed the petition seeking for a declaration that the election for the state constitution was invalid and that Vidyananthan was not elected as Kahang assemblyman.
In the petition, Noorlihan claimed that the EC had failed to declare the voting in the area as invalid after Nasri and the EC had committed an offence under Section 4 (d) of the Election Offences Act 1954.
The Section is in relation to the act of wilfully preventing any person from voting at the polling station.
Noorlihan, who is the petitioner, claimed that the returning officer and his representative had failed to allow a registered voter to vote in the 14th General Election (GE14).
Meanwhile, Vidyananthan when met outside the court expressed joy in the decision today favouring Barisan Nasional.
“Today’s decision proved that the mandate given by the people is the mandate that is actually given to us because our sincerity kept the area well, “he said.
In GE14, Vidyananthan won 10,768 votes while Norlihan won 7,907 votes. © New Straits Times Press (M) Bhd