PAS says won't appeal court's nullification of GE15 win in Kemaman

Malay Mail
Malay Mail

KUALA LUMPUR, Oct 3 — PAS said today it has decided to not file an appeal in the Kuala Terengganu Elections Court's decision annulling Che Alias Hamid's win in Kemaman.

In a short statement, the Islamist party's secretary-general Datuk Seri Takiyuddin Hassan said this decision was made following a case management with Justice Datuk Anselm Charles Fernandis earlier today.

PAS said the Election Court's decision was made similar to how it invalidated PAS" Datuk Ahmad Amzad Hashim’s victory in the Kuala Terengganu seat during last year’s 15th general election.

"My findings for this election petition is that this Parliamentary election had elements of corruption. But, I would not name any parties," the judge said, according to PAS.

The court had earlier nullified the result on September 26, with the judge accepting the allegations that there had been bribery in several official events of the Terengganu state government through the distribution of i-Belia and i-Siswa aid funds to voters during the GE15 campaign period to garner votes for Che Alias.

The election judge’s decision was based on Section 32(c) of the Election Offences Act 1954.

Under Section 32, the election of a candidate shall be declared void on an election petition, if any of five situations are proven to the election judge’s satisfaction.

Under Section 32(c), if it is proven to the election judge’s satisfaction that “a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent, or by any agent of the candidate”, the candidate’s election — which was challenged via an election petition — shall be declared void.

On January 3, Terengganu Umno filed a petition to annul the results for the Kuala Terengganu, Marang and Kemaman parliamentary seats in GE15 in accordance with the Election Offences Act.

Terengganu Umno chief Datuk Seri Ahmad Said said among the points raised in the petition were allegations that PAS had bribed voters by distributing financial aid from the state government through the i-Pension, i-Belia and i-Student initiatives from November 15 to 17, 2022, just a few days before the GE15.