KUALA LUMPUR, Aug 1 – The Election Court today dismissed an election petition filed by a voter disputing the outcome of the 13th general election for the Lembah Pantai parliamentary seat retained by Nurul Izzah Anwar of PKR.
Justice Datin Zabariah Mohd Yusof ruled that the petition filed by Mohamad Sazali Kamilan was frivolous, vexatious and an abuse of the court process.
In allowing MP Nurul Izzah’s preliminary objection to the petition, the judge held that the petitioner, Mohamad Sazali, had failed to plead material facts to show that there was a cause of action against the first respondent, Nurul Izzah.
“An election petition is such that it relies heavily on election laws. The petitioner failed to plead sufficient facts to support the alleged contravention of the provisions of the Election (Conduct of Elections) Regulations 1981, Election Offences Act of the alleged corrupt practice,” she said.
Zabariah ordered Mohamad Sazali to pay RM40,000 in costs to Nurul Izzah.
The judge also said that the election petition was not filed by the petitioner or his advocates under Rule 9 and 34 of the Election Petition Rules 1954.
“The jurisdiction of the court had not been invoked and, hence, the election petition is liable to be struck out based on this grounds alone,” she said.
In the petition, Mohamad Sazali named Nurul Izzah, returning officer Rolan (rpt) Rolan Abd Rahman and the Election Commission as the respondents.
Nurul Izzah had retained the seat with a 1,847-vote majority in the general election.