Pas' polls petition struck out

NST: 13 June 2008
ALOR STAR: The High Court yesterday threw out an election petition by Mohamad Sanusi Mohd Noor of Pas, challenging the results of the contest for the Belantek state seat, in the March 8 general election. Mohamad Sanusi, who lost to Mohd Tajudin Abdullah of the Barisan Nasional, had sought to remove 1,031 postal votes from the total vote count.
Judge Datuk Balia Yusoff Wahi ruled that the court had no jurisdiction over the petition and struck it out with costs.
Pas, represented by a team of 12 lawyers led by Darshan Singh, named Mohd Tajudin as the first respondent, the returning officer Abdul Aziz Abdul Ghani and the Election Commission as the second and third respondents respectively.
The Election Commission and Aziz were represented by Senior Federal Counsel Mahiran Mat Isa, while the BN was represented by Syed Faizal Syed Abdullah.
Balia, in an oral judgment, allowed a preliminary objection filed by the respondents, who objected by saying that the petition was defective based on several grounds.
He said that the notice of service was misleading because it had stated that a petition against Mohd Tajudin was filed on April 28 when it was filed on April 29, and this had confused the first respondent as he was not sure if there was another petition filed on April 28.
He also said most of the grounds were over the electoral roll and that according to the Election Act 1958, an electoral roll which was gazetted could not be challenged.
Mohd Tajudin who polled 8,226 votes had defeated Mohamad Sani who obtained 7,974 votes, for the Belantek state seat.