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Court rejects lawsuit on Rafidah's poll win
Sat, Jul 05, 2008
The Straits Times
IPOH - THE High Court here yesterday rejected two petitions to nullify the election results for two Barisan Nasional-held seats, removing any chance of the Malaysian opposition grabbing the seats through by-elections.

The ruling cements the victories by Wanita Umno chief Rafidah Aziz in the parliamentary seat of Kuala Kangsar in Perak, and by Datuk Seri Raja Ahmad Zainuddin Raja Omar in the state seat of Kubu Gajah.

Dissatisfied voter Ahmad Jamaluddin Abd Majid had filed the petition against Datuk Seri Rafidah after she defeated Perak Parti Islam SeMalaysia (PAS) deputy commissioner Khairuddin Abd Malik in the March 8 general election.

He sought to have the election result declared null and void on grounds that Ms Rafidah had not signed two of three nomination forms on nomination day.

The other petition was filed by PAS candidate Mohd Nazri Din, who had lost to the BN candidate in Kubu Gajah. He claimed that people had received benefits from Mr Raja Ahmad during the campaign.

The case had come under close scrutiny especially by opposition parties eyeing the possibility of by-elections to send more MPs into Parliament.

De facto opposition leader Anwar Ibrahim, in particular, had referred repeatedly to the Kuala Kangsar seat as a possible by-election choice for him to face off against his old antagonist, Ms Rafidah, who has held her seat for more than 20 years.

In his judgment, Justice Zakaria Sam dismissed the petitions, noting that Ms Rafidah had signed the original nomination form.

The other two unsigned nomination papers were copies, he said, adding that the returning officer had accepted the BN MP's papers.

'She had properly signed one of the forms. This, and the fact that she was personally present to give her nomination papers with the documents, signify her consent to be a candidate for Kuala Kangsar,' he said.

Justice Zakaria ruled the petition on Kubu Gajah to be defective, citing the lack of evidence to support the allegations of corrupt practices.

He ruled, however, that Ms Rafidah would have to foot her own legal bill in this case.

'In my opinion, it is because of the silly mistake of the respondent (Rafidah) that this case was brought up before the court in the first place,' he told a packed courtroom yesterday.

'It is not a mistake I would have made in this position. Therefore I award no costs for Rafidah against the petitioner.'

Outside the courtroom Ms Rafidah's political secretary Saharudin Mohd Toha, who represented the MP, told reporters this was 'a long-awaited decision by the people'.

BERNAMA, THE STAR/ASIA NEWS NETWORK
 

 
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