Umno no 2 and EC's appeals over Rantau seat to be heard on Feb 18

The appeals by Umno deputy president Mohamad Hasan and the Election Commission (EC) over the Election Court's decision to declare the Rantau state seat in Negeri Sembilan vacant will be heard at the Federal Court on Feb 18 next year.

The date was fixed by Federal Court registrar Syahrin Jeli Bohari following case management today.

It was also confirmed by lawyer Rafique Rashid Ali, who is representing PKR's Rantau candidate in the 14th general election Dr S Streram. Lawyer Abu Bakar Isa Rahmat appeared for Mohamad, the former Negeri Sembilan menteri besar.

Rafique said that, meanwhile, the appeal by returning officer Amino Agus Suyub over having to serve three months’ jail for contempt of court has been fixed for Jan 7 at the Court of Appeal.

The Rantau state seat in Negeri Sembilan was declared vacant by the Seremban Election Court last month when Justice Azimah Omar found there was no written law or requirement for a candidate (Streram), his seconder or proposer to have passes to enter the nomination centre.

"This amounts to discrimination against the petitioner (Streram) and a disruption of the democratic process.

"Counsel for the EC and returning officer Amino Agus had admitted in their submissions that there is no written law or regulation governing the need for passes for the three individuals mentioned," she said in her judgment.

"His actions are unethical and lack integrity (in the running of the election). The prevention is a violation of Streram's right as a candidate.

"He was prevented from filing his nomination papers and such unlawful action is inappropriate, as it violates his constitutional right to be a candidate, and his right as a voter which is protected by the Federal Constitution," Justice Azimah said in her judgment last month.

She had ordered Amino Agus to pay RM30,000 in costs.

The court further ruled that the returning officer did not follow the rulebook when preventing the PKR candidate from entering, as he knew Streram was outside the nomination centre given that he had already paid the deposit to contest the day before.

In its notice of appeal, the EC stated that it is appealing the whole Election Court decision.

However, EC chairperson Azhar Azizan Harun said in a press statement that the appeal would be confined to the finding of facts by the Election Court.

Mohamad also filed a separate appeal.  - Mkini

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