Whether or not a by-election is to be held in Pensiangan parliamentary seat will finally be known next month.
Friday March 13, has been fixed by the Federal Court to deliver ruling which was reserved upon hearing submissions on Feb 12, 2009 from lawyers for Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup, Parti Keadilan Rakyat's Danny Anthony Andipai and Senior Federal Counsel Azizah Nawawi.
The Federal Court will sit in Kota Kinabalu to deliver the ruling. This was confirmed by Kurup lawyers Hajah Mariati Robert and Geroge Aluda in Kota Kinabalu today.
Kurup, who won the seat uncontested in the March 8, general elections, had appeal on Sept 17, 2008 to the Federal Court against the Sept 8, 2008 decision of the Kota Kinabalu Election Court to declare his win null and void.
Andipai, whose nomination was rejected due to allegedly submitted out of time, filed the election petition on April 9, 2008 and after a hearing was accepted by Judge David Wong Dak Wah on Sept 8, last year.
The judges who sat to hear Kurup's appeal earlier this month comprised of Appeal Court President Tan Sri Alaudin Mohd Sheriff, Chief Justice of Malaysa Datuk Ariffin Zakaria and Federal Court Judge Datuk Nik Hashim Abdul Rahman.
Kurup, who is Federal Rural and Regional Development Deputy Minister was represented by lawyer Firoz Hussein Ahmad Jamaludin while Haji Ansari Abdullah was Andipai's lawyer.