KOTA KINABALU: The Election Court here yesterday struck out with costs an election petition by Parti Keadilan Rakyat (PKR) candidate Datuk Kong Hong Ming who was seeking to declare the result of the Tawau parliamentary seat in the 13th general election as null and void.
Sibu-based High Court judge Supang Lian struck out the petition filed by Kong on June 12 at the High Court in Tawau.
In his petition, Kong named the Election Commission (EC), the Sabah State Election Officer, the Returning Officer (RO) and PBS-BN candidate Yap Kain Ching @ Mary Yap Ken Jin as first, second, third and fourth respondents, respectively.
In allowing the preliminary objections raised by the EC, Sabah State Election Officer and RO and an application for striking out the petition by Yap, Supang also ordered Kong to pay them RM30,000 each.
In her reserved judgment, Supang held among others that there were unqualified electors in the electoral rolls which information was obtained from the Royal Commission of Inquiry (RCI) on the influx of illegal immigrants in Sabah that was still on-going.
Supang also ruled that she was of the view that Section 9A of the Elections Act 1958 could not be challenged as the petitioner had to raise his objection during the objection period before the gazette period to be certified.
She further ruled that Section 9A of the Elections Act 1958 clearly stated that after an electoral roll has been certified or re-certified, as the case may be, and notice of the certification or re-certification has been published in the Gazette as prescribed by regulations made under this Act, the electoral roll shall be deemed final and binding and shall not be questioned or appealed against in, or reviewed, quashed or set aside by any court, which is applicable in this case.
Kong, who is also a senior practising lawyer, contended that it was public knowledge that non-existing persons and foreigners issued with national registration identity cards (NRIC) or National Registration Department (JPN) receipts were registered as electors in the electoral rolls for the state of Sabah including the said Tawau constituency.
Kong also contended that prior to and during the proceedings that commenced in January before the RCI here, information and evidence of foreigners holding Malaysian identity cards issued by the JPN and the issue of phantom voters were widely publicized and protested.
In the May 5 general election, the seat was won by Yap who obtained 21,331 votes with a majority of 4,979.
Counsel Mary Lee acted for Kong, while counsel Chin Teck Ming and Jhasarry P. Kang represented Yap and senior federal counsel Wan Aima Nadzihah Wan Sulaiman and federal counsel Dominique Faustina Fernandez for the EC, Sabah State Election Officer and RO.