PUTRAJAYA: The Federal Court has ordered the Tasek Gelugor election petition filed by Deputy Foreign Minister Senator Datuk Marzuki Yahya to be remitted back to the Election Court in Penang for a full hearing.
A five-man panel, in a 4-1 majority decision, allowed Marzuki’s appeal to set aside the Election Court’s decision in dismissing his election petition based on a preliminary objection raised by Tasek Gelugor Member of Parliament Datuk Shabudin Yahaya.
“The requirements of the election petition rules were met and the matter should go for a full hearing,” said Chief Justice Tan Sri Richard Malanjum who chaired the panel.
Court of Appeal President Tan Sri Ahmad Maarop dissented.
The other judges on the bench were Chief Judge of Malaya Tan Sri Zaharah Ibrahim; Chief Judge of Sabah and Sarawak Datuk David Wong Dak Wah and Federal Court judge Datuk Rohana Yusuf.
Marzuki, who is Penang Parti Pribumi Bersatu Malaysia chief, lost the contest for the Tasek Gelugor parliamentary seat to Shabudin of the Barisan Nasional in the 14th General Election by a slim majority of 81 votes.
Shabudin polled 18,547 votes against Marzuki who garnered 18,466 votes, while Rizal Hafiz Ruslan from PAS obtained 14,891 votes.
Marzuki filed an election petition seeking a by-election for the seat as well as a recount of 689 spoilt votes and 297 unreturned postal votes.
In his petition, Marzuki named Shabudin as the first respondent, the Tasek Gelugor polls returning officer as the second respondent and the Election Commission (EC) as the third respondent.
On Sept 18, Election Court judge Datuk Hashim Hamzah dismissed Marzuki’s petition after allowing a preliminary objection raised by Shabudin’s counsel who submitted that the petition was defective.
The judge held that the petition was not filed in accordance with the law and upon finding that the petition had omitted the “wrongs” committed by the EC in conducting the election in Tasek Gelugor.
Marzuki was appointed deputy foreign affairs minister after being sworn in as a senator on July 17 this year.
Marzuki was represented by lawyer Muhammad Rafique Rashid Ali, while lawyer Simon Tan represented Shabudin. Lawyer Sathya Kumar Das appeared for the returning officer and EC. - Bernama