GEORGE TOWN,. The High Court here today dismissed an election petition by Deputy Foreign Minister Senator Datuk Marzuki Yahya who sought to challenge the Tasek Gelugor election result that favoured Barisan Nasional’s Datuk Shabudin Yahaya.
High Court Judge Hashim Hamzah allowed the preliminary objection raised by incumbent Tasek Gelugor MP Shabudin Yahaya and dismissed Marzuki’s petition.
“The petition by the plaintiff failed to list out the wrongful acts committed by the three respondents and did not categorise the wrongful acts by the Malaysian Election Commission,” Hashim said when delivering his decision.
He said the recounting of votes can only be done at respective polling stations and that the petition must strictly adhere to the Elections Act 1959.
Shabudin, who is the first respondent, was awarded RM10,000 in cost.
Marzuki’s counsel, Muhammad Rafique Rashid Ali requested for the petition to continue to be heard as the second and third respondents had withdrawn their preliminary objections against the petition.
The returning officer for Tasek Gelugor and the Malaysian Election Commission (EC) were named as the second and third respondents respectively.
But counsel for the EC, Marina Nasution, then told the court that the petition had defects so the court should dismiss the petition in its entirety.
Hashim agreed with Marina and struck out the petition but did not award costs to the second and third respondents.
Marzuki filed an election petition to recount 689 spoilt votes and 297 unreturned (postal) votes for the Tasek Gelugor parliamentary seat which he lost by 81 votes in the May 9 general election.
Shabudin,who was present in court, later told reporters outside the courtroom that the dismissal of the petition proved that his win was valid and in accordance with the law.
“Now that the court has dismissed the case, I will continue to fulfill my responsibility as the MP and serve my constituents,” he said.