KOTA KINABALU, Aug 27 — Datuk Seri Anifah Aman will file his appeal on an Election Court decision here recently that nullified the result of Kimanis in the 14th general election.
His lawyer Tengku Fuad Ahmad said the team will be filling the appeal tomorrow at the Federal Court after the Election Commission indicated that it will not be making an appeal.
“We will be filing our appeal by August 28, 2019,” he said in a text message here.
On August 16, the Election Court here declared the result null and void after agreeing with the Election petitioner, Warisan candidate Datuk Karim Bujang that there was misconduct on the part of the EC in handling Forms 13 and 14 that affected some 341 ballots.
The judge ruled out any foul play or corrupt practice on Anifah’s part but said that the EC was non-compliant, effectively affecting the results.
The EC said that it accepts the court’s decision and has so far not filed an appeal against the decision.
“It is extraordinary that the EC is not standing by its own officers. The EC should appeal because based on the Election Court's findings, the Returning Officer and other election officers are now exposed to potential criminal liability under the Election Offences Act. In that regard, the EC has let down its own people,” said Fuad.
The EC has said it would make a decision on a by-election once a decision on the appeal has been made. The EC has to fill the vacant seat within 60 days from the date it was declared vacant.
In GE14, Anifah won the Kimanis constituency with a 156-vote majority in a three-cornered fight, securing 11,942 votes against Karim and Parti Harapan’s Jaafar Ismail, who garnered 11,786 votes and 1,300 votes respectively.
