KUALA LUMPUR - An Election Court here has struck out an election petition filed by DAP candidate M. Manogaran to nullify the 13th General Election result for the Cameron Highlands parliamentary constituency.
Justice Umi Kalthum Abdul Majid made the order after allowing preliminary objections by Barisan Nasional (Barisan) candidate Datuk Seri G. Palanivel.
With her decision yesterday, Palanivel retains his seat for the Cameron Highlands parliamentary constituency.
Justice Umi Kalthum also ordered Manogaran to pay Palanivel RM40,000 in cost.
She ruled that the petition was non-compliant with Section 4(1)(b), 4(4) and 32 of the Election Petition Rules.
"The petitioner did not plead sufficient facts to support his claim," she said.
Justice Umi Kalthum said the application was defective as a whole because it did not disclose any cause of action.
Initially, Manogaran filed the petition against Palanivel, returning officer for Cameron Highlands constituency Datuk Haji Daud and the Election Commission (EC).
However, earlier this month during the hearing, the same court ordered the petitioner to pay a cost of RM5,000 to Haji Daud and the EC after Manogaran withdrew the petition against them.
The MIC chief won the seat with a 462 majority, defeated Mohd Shokri Mahmood (Berjasa), Manogaran (DAP), Kisho Kumar Kathirveloo (Independent) and Alaga Thangarajoo (Independent).
Counsel Joanne Chua Tsu Fae appeared for Manogaran while Palanivel was represented by Datuk D.P. Vijandran.