GEORGE TOWN, Feb 15 — The Election Court struck off Senator Datuk Marzuki Yahya’s election petition after both parties agreed to this.
Election Judge Datuk Hashim Hamzah delivered the decision in chambers after the lawyers for the petitioner and respondents agreed to cancel the petition.
Muhammad Rafique Rashid Ali, counsel for Marzuki, said both parties came to the agreement after scrutinising the Form 14 that was unsealed and copies given to the lawyers.
“Now that the petition was struck off, the respondent, Datuk Shabudin Yahaya will remain as the Tasek Gelugor MP and he has since joined PPBM so the seat is now under PPBM,” he told reporters outside the courtroom here today.
He said the judge did not award costs but ordered Marzuki to pay the Election Commission (EC) RM5,000 for its legal fees.
Marzuki filed the election petition against the Tasek Gelugor election result, naming Shabudin and the EC as respondents.
The petition was initially thrown out by the Election Court last September but the Federal Court set aside the decision and ordered the case to be heard at the Election Court.
The Election Court then gave a consent order for the Form 14 to be unsealed and open for scrutiny.
The Form 14 that contained the tabulation of votes for each polling station of the three state constituencies under the Tasek Gelugor parliamentary constituency — Permatang Berangan, Sungai Dua and Telok Ayer Tawar — were unsealed on January 2.
Copies of the documents were handed to the lawyers for the petitioner and respondents to scrutinise th contents.
Muhammad Rafique said after scrutinising the Form 14, both parties decided that it is best the petition be cancelled based on technicalities.
Shabudin, who contested under Barisan Nasional (BN), won the seat with a 81-vote majority in the last election.
He later left BN and joined Parti Pribumi Bersatu Malaysia (PPBM).
