Kota Kinabalu: Tanjong Kapor Assemblyman Datuk Chong Chen Bin has moved to challenge the election petition filed by Warisan candidate Terence Au Soon Fui by raising a preliminary objection.
Bintulu-based High Court Judge Amelati Parnell was told during a mention of the case that Chong’s counsel, the first respondent, would file the preliminary objection within 10 days from Tuesday.
Counsel for the second and third respondents, the Tanjong Kapor Returning Officer and the Election Commission (EC), informed the Election Court that they had already filed preliminary objections to challenge the petition.
Amelati directed that cross-written submissions be filed on or before Feb 20, with replies due on or before Feb 27.
She fixed March 4 for the hearing of the preliminary objections and March 12 for the delivery of her decision.
The trial of the election petition was scheduled for April 6 to 10 and April 20 to 24.
Terence is seeking a court declaration that Chong was not duly elected as the State Assemblyman for Tanjong Kapor, that the Nov 29 election was void, an order for costs, and any other relief the court deems appropriate.
In his petition, Terence alleges that the election is void due to general bribery proscribed under Section 32(a) of the Election Offences Act 1954, claiming it was so extensive that it could reasonably be supposed to have affected the result of the election.
Chong, the Tanjong Kapor Returning Officer and the Election Commission of Malaysia were named as the first, second, and third respondents, respectively, in the election petition.
In the recent Sabah state election, Gabungan Rakyat Sabah (GRS) incumbent Chong won the Tanjong Kapor seat in an 11-cornered contest with 6,171 votes.
Terence polled 4,737 votes; Verdon Bahanda (Independent) 5,812; Muhammad Affan Jumahat (PN) 1,262; Kevin Lee Sip Kim (BN) 1,455; Shawn Davey Lee (Star Sabah) 434; Jetol Dangin (Parti Impian Sabah) 184; A Halim @ Abdul Halim Yussof (Parti Bumi Kenyalang) 166; Abdul Rahim Madtaip (Independent) 105; Awang Karim Abdul Kadir (Anak Negeri) 63; and Bonny Berman (Sabah Peace Party) 52.
The petitioner was represented by counsel Hairul V. Othman, while Chong was represented by Rizwandean Bukhary M Borhan and Mohd Luqman Syazwan Zabidi, together with Datuk Ram Singh, Shahlan Jufri, Elhanan James, Emmie M Idang, Farrah Nasser, and Prem Elmer Ganasan.
The second and third respondents were represented by Senior Federal Counsels Zetti Zurina Kamaruddin and Zulyana Zollkapli, and Federal Counsels Fariza Amira Azman and Mohd Ashraf Abd Hamid.
