Tuesday, 6 January 2009

Will there be by-election for Pensiangan?

The Federal Court will sit in Puterajaya tomorrow (Jan 7, 2009) to hear Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup's appeal against a Kota Kinabalu Election Court decision on Sept 8, 2008 which declared null and void his election as a Member of Parliament for Pensiangan in the March 8, 2008 general elections.

Judge David Wong Dak Wah ruled that the wrongful rejection of the nomination papers of the petitioner, Parti Keadilan Rakyat’s Danny Anthony Andipai, had breached the petitioner’s constitutional right to take part in the election and the written law relating to the conduct of the election.
Kurup, who was appointed Rural and Regional Development Deputy Minister after the elections, filed the appeal on Sept 11, 2008

Andipai filed the petition on April 9, 2008. His candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day - Feb 24, 2008.

After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested. Andipai sought for a court declaration that Kurup’s win was null and void.

He claimed that Bubudan had planned to make available only on counter for delivery of nomination papers by candidates contesting in Pensiangan and the state seats of Nabawan and Sook.

Andipai claimed that the plan was to prevent the timely delivery of nomination papers of other candidates to enable Kurup to be returned unopposed in the March 8, 2008 general elections.

Andipai was represented by lawyers Datuk Chau Chin Tang and Haji Ansari Abdullah while Kurup’s lawyers were Alex Deccena, Hajah Mariati Robert, Wilson Lai Wai Shing. Senior Federal Counsel Suzana Atan and Chandra Devi had appeared for Bubudan.

1 comment:

Muhammad Azli Shukri said...

apa yang saudara katakan ini banyak yang boleh diambil iktibar..