Election Court quashes Pensiangan result (update 4)

Monday September 8, 2008 MYT 6:45:42 PM
Election Court quashes Pensiangan result (update 4) By RUBEN SARIO
KOTA KINABALU: Deputy Rural Development Minister Tan Sri Joseph Kurup has lost his Pensiangan parliament seat in an election petition case.
Kurup said he has instructed his lawyers to file a stay of execution on Monday’s election petition declaring his Pensiangan parliamentary seat vacant.
The Parti Bersatu Rakyat Sabah chief said his lawyers would also be filing an appeal against the decision of the Election Court decision on the seat he won uncontested at the Feb 24 nomination day.
“I’ve asked my lawyers to file for a stay of execution as soon as possible, even by today,” said Kurup.
Under recently amended election laws, appeals are allowed against decisions of Election Courts which were previously final.
Sabah Chief Minister Datuk Musa Aman, the state Barisan Nasional chairman, said he accepted and respected the court’s decision and was confident that the coalition would win the seat in the event of a by-election.
Earlier Monday, High Court judge Justice David Wong Dak Wah sitting as Election Court judge ruled that Returning Officer Bubudan OT Majalu had no right to overturn a directive of the Election Commission that PKR candidate Danny Andipai’s nomination papers be accepted after the filing of 10am on the Feb 24 nomination day.
The judge also ruled that the objections against Andipai’s nomination forms were invalid on the grounds that they were not signed and improper forms were used.
Kurup was not in court and his lawyer said he would be consulting his client on whether to appeal.
Lawyer Ansari Abdullah who represented Andipai said that the judgment was “water tight” and saw little grounds for appeal but they were prepared.
Ansari, the Sabah PKR chief, said the the ruling meant “one down, 29 more to go” in referring to the 30 seats required by Pakatan Rakyat leader Datuk Seri Anwar Ibrahim for him to keep his promise of bringing down the Barisan Nasional government on Sept 16, which is also Malaysia Day.
Kurup has 14 days from Monday to file an appeal at the Federal Court against the Kota Kinabalu High Court’s decision to declare the election for the Pensiangan parliamentary seat as null and void.
Speaking in PUTRAJAYA, Election Commission chairman Tan Sri Abdul Rashid Abdul Rahman said the appeals court would have to dispose of the case within six months from the date of appeal.
“If he does not appeal or loses the appeal later, a by-election should be held as there would be a vacancy for the Pensiangan seat to be filled,” he said here on Monday.
On Kurup’s position as deputy minister, Abdul Rashid said that would have to be determined by the Government after the case is concluded.



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