Barisan Nasional’s (BN) Ahmad Hamzah retains his position as Jasin MP after the Federal Court dismissed an appeal brought by Pakatan Harapan’s GE14 candidate for the seat, Khairuddin Abu Hassan.
A five-man bench led by Chief Justice Tengku Maimun Tuan Mat unanimously dismissed Khairuddin’s appeal against the Election Court decision on June 12 this year.
“While we agree that there were some instances of non-compliance, the appellant has failed to prove that such non-compliance has affected the outcome of the election. This appeal is accordingly dismissed with costs,” she said in Putrajaya today.
Other judges on the bench were Chief Judge of Malaya Azahar Mohamed and Federal Court judges Abang Iskandar Abang Hashim, P Nallini and Vernon Ong Lam Kiat.
Tengku Maimun ordered Khairuddin to pay costs of RM30,000 to Ahmad as the first respondent and a total of RM50,000 to both Jasin parliamentary seat returning officer Zamrud Yahya and the Election Commission (EC).
When met by reporters after proceedings, Khairuddin said he would continue to provide best services to voters in Jasin, regardless of today’s court decision.
Also present in court was Ahmad.
In June this year, the Election Court in Malacca dismissed Khairuddin’s petition to declare null and void last year’s election results for the Jasin Parliamentary constituency.
In the 14th general election, Khairuddin lost to Ahmad by only 219 votes in a three-cornered fight. Ahmad obtained 26,560 votes while Khairuddin had 26,341 votes and PAS candidate Abd Alim Shapie, 8,860 votes.
Khairuddin filed the petition in June last year seeking the court to declare the GE14 results null and void for that constituency and to order a fresh election to be held, alleging that the BN candidate was not elected legally.
Khairuddin was represented by Gopal Sri Ram, Ahmad by Mohd Hafarizam Harun, while Firoz Hussein Ahmad Jamaluddin appeared for Zamrud and the EC.