Court’s jurisdiction to hear PKR’s election petitions has lapsed

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KUALA LUMPUR: The Election Court heard yesterday that it no longer had the jurisdiction to hear the election petitions filed by Parti Keadilan Rakyat (PKR) to nullify the 13th general election result of the Bagan Datoh parliamentary seat.

Bagan Datoh member of parliament Datuk Seri Dr Ahmad Zahid Hamidi’s counsel Datuk Firoz Hussein Ahmad Jamaluddin said this was due to the lapsing of the six-month period to hear the matter.

Hussein submitted that section 35A of the Election Offences Act (EOA) 1954 provided a limitation period of six months from the time of presentation of the petition.

“As the petitions were presented on June 11 last year, the six-month period expired on Dec 10, last year,” he said adding that the respondent (Ahmad Zahid) had outlined five issues for the court’s consideration.

Therefore he said the court should have also struck out the two petitions filed by PKR candidate Madhi Hasan and a voter, Azmi Sulaiman, against Ahmad Zahid.

He further stated that the petitioners had failed to comply with Section 38(1) of the EOA on grounds that the petition was not presented within the 28-day period of limitation.

Firoz Hussein pointed out that the charges of corrupt practice against the respondent by the petitioner (Madhi) was not clear and lacked facts.

Ahmad Zahid’s other counsel Datuk Mohd Hafarizam Harun submitted that the petitioner (Azmi) had filed the petition on a premature basis.

Mohd Hafarizam said the petition filed on June 11, 2013 was defective because the petition was filed out of time in the event it had relied upon the alleged illegal practice of payment of money on April 19, 2013.

Madhi and Azmi had filed the petitions against Ahmad Zahid seeking the election to be declared null and void.

The hearing before Election judge Datuk Hasnah Mohammed Hashim continues today. — Bernama