PUTRAJAYA, April 12 — Sungai Udang assemblyman Dr Mohd Aleef Yusof today failed in his appeal to object to an election petition filed by Barisan Nasional (BN) candidate for the Sungai Udang seat, Datuk Seri Mohamad Ali Mohamad, who lost in the Melaka state election on November 20 last year.
Federal Court’s three-member panel in a unanimous decision, rejected Dr Mohd Aleef’s appeal against the Melaka Election Court’s decision on February 11 in dismissing his preliminary objection.
Chief Judge of Malaya Tan Sri Azahar Mohamed, who presided with Federal Court judges Datuk Mary Lim Thiam Suan and Datuk Harmindar Singh Dhaliwal, said the decision of the Election Court in dismissing Dr Mohd Aleef’s preliminary objection was not appealable to the Federal Court.
“We have carefully considered the submissions of all parties and also considered the decision of the Election Court carefully. In our view, the order of the Election Court judge in dismissing the preliminary objection did not dispose of the election petition. In our view, the order of the High Court is not a determination within the provision of Section 36A (1) of the Election Offences Act 1954.
“Hence, the order of the Election Court is not appealable to the Federal Court. The appellant (Dr Mohd Aleef) is not prejudiced because he can still raise the same issues at the full trial before the election judge and later before the Federal Court. Therefore, the court dismiss this appeal,” Justice Azahar said, adding that costs would be determined within costs of the disposal of the case.
In today’s proceedings, the bench heard submissions from lawyer Rosli Dahlan who appeared for Dr Mohd Aleef, lawyer Datuk Mohd Hafarizam Harun representing Mohamad Ali and senior federal counsel Suzana Atan who acted for Election Commission (EC) and the returning officer for Sungai Udang.
At present, the matter is still on trial with 13 witnesses already testified. The trial at Melaka Election Court will continue on April 18.
On December 14, Mohamad Ali, 57, filed an election petition to annul the victory of Dr Mohd Aleef, 35, of Perikatan Nasional (PN) alleging that there were elements of corruption involved in the election for the Sungai Udang seat.
He named Dr Mohd Aleef, who won with a 530-vote majority in a four-cornered fight, the returning officer and the EC as the first to third respondents.
In his petition, Mohamad Ali, who is Tangga Batu Umno chief, requested to nullify Dr Mohd Aleef’s victory and sought a by-election for the seat.
Mohamad Ali claimed that Dr Mohd Aleef had committed corrupt practices in the election as stated under Section 32 (c) of the Election Offences Act 1954. — Bernama
