Pakatan loses bid to challenge GE13 results
Pakatan Rakyat has failed to reinstate its suit to challenge last year's May 5 general election results in all 222 parliamentary seats.
The Court of Appeal, in a 2-1 ruling, today upheld the High Court's decision early this year which allowed the Election Commission's (EC) application to strike out the suit.
The majority ruling said the only option for aggrieved parties to challenge election results was through election petitions as provided under Article 118 of the Federal Constitution.
"A civil court has no jurisdiction to hear the matter and the application to remove election commissioners," said Datuk Alizatul Khair Osman, who delivered the majority ruling alongside Datuk Rohana Yusof.
However, justice Dr Prasad Sandosham Abraham said a trial should be held to determine whether the EC breached its constitutional duty.
Lawyer Americk Singh Sidhu said he would ask his clients if they wanted to take the matter to the Federal Court.
"The majority ruling could inspire us to obtain leave from the apex court to hear the appeal," he told The Malaysian Insider.
On February 7, High Court judge Rosnaini Saub ruled that it was wrong for the opposition and several defeated candidates to challenge the election results in a civil court.
The EC had taken the stand that the High Court had no civil jurisdiction to declare the election results as illegal.
On July 15 last year, PR asked the court to set aside results of all parliamentary seats, as well as to disband the current EC leadership and conduct fresh polls.
In its statement of claim, PR said the unprecedented move was necessary due to the indelible ink fiasco which it said caused massive cheating in the polls.
Apart from PKR, DAP and PAS, the other plaintiffs are opposition candidates Dr Dzulkefly Ahmad, M. Manogaran, Saifuddin Nasution and voters Arifin Rahman and R. Rajoo.
Rosnaini said the suit in essence was to challenge the election results due to the EC's failure to carry out its duties to properly conduct the GE13.
"The power to declare an election void is in the exclusive jurisdiction of an election judge, not with the High Court," she had said.
She said the suit was also flawed because the plaintiffs did not name as parties all the candidates who won their parliamentary seats.
In the last general election, Barisan Nasional returned to power after winning 133 seats while the remaining 89 seats went to PR.
Rosnaini said the High Court also has no jurisdiction to remove EC members from office.
"The EC members can only be removed from office just like a judge of the Federal Court, that is following recommendation by a tribunal appointed by the Yang di Pertuan Agong," she added.
Lawyer Tommy Thomas, who represented the plaintiffs, had submitted that the EC committed fraud on the Malaysian public as the indelible ink could be washed away for it did not remain intact on the fingers for five days after voting.
Thomas said EC's argument that election results could only be challenged through a petition was tantamount to denying the plaintiffs access to justice through other civil actions. – November 7, 2014.
