PUTRAJAYA : Former Cameron Highlands Member of Parliament Datuk C. Sivarraajh (pic) won in his appeal yesterday (28 July) to quash the decision of the Election Commission (EC) in disqualifying him from contesting or voting in election for five years beginning 2018.
Court of Appeal three-member bench chaired by Justice Datuk Seri Kamaludin Md Said allowed Sivarraajh’s judicial review and granted a certiorari order to quash the EC’s decision.
“We are unanimous in our decision that there is merits in the appeal,” said Justice Kamaludin, who presided with Justices Datuk Nor Bee Ariffin and S. Nantha Balan.
In allowing Sivarraajh’s appeal, the court set aside the High Court’s dismissal of his judicial review.
Sivarraajh’s lawyer, Datuk Malik Imtiaz Sarwar told reporters yesterday that following the court’s decision, his client was now free to vote and also contest in an election.
Sivarraajh, who is MIC Vice-president, filed the judicial review application on Dec 31, 2018 seeking for an order to quash the EC’s decision, which was conveyed to him through a letter dated Dec 28, 2018, disallowing him to contest or vote in any election for five years from Dec 13, 2018.
He named the EC as the sole respondent in his judicial review.
Following that EC’s decision, Sivarraajh could not contest in the Cameron Highlands by-election on Jan 26, last year.
In Nov 2018, an Election Court had annulled Sivarraajh’s victory in the constituency in the 14th General Election after ruling that there was vote-buying during the election campaign.
On Jan 7, 2019, the High Court granted Sivarraajh’s leave to commence the judicial review to challenge the EC’s decision.
On Jan 10, last year, the High Court in Kuala Lumpur dismissed Sivarraajh’s judicial review after ruling that the EC’s decision in the letter was in accordance with the law and that there was no illegality or irrationality with the decision.
Meanwhile, senior federal counsel Azizan Md Arshad, appearing for the EC, said he would get instructions from Attorney-General on whether to bring the matter up to the Federal Court.
Sivarraajh was, also represented by lawyers L.S. Leonard and Wong Ming Yen.