Friday, March 13, 2009
Kurup - he sleeps well now....
(source the star online)
Morale of the story - next time you want to contest in an election - wake up early and be at the nomination centre early...!!!!!
The highly anticipated Pensiangan by-election in Sabah, Malaysia, will not materialise.
So we wait and see for the 3 simultaneous by-elections in Bukit Selambau, Kedah, Bukit Gantang, Perak and Batang Ai, Sarawak.
The judges ruled out that it was the petitioner fault in submitting his nomination paper, 25 minutes late than the stipulated time of between 9 am to 10 am.
The petitioner - Danny Andipai of Parti Keadilan Rakyat, submitted his nomination paper at 10.25 am (25 minutes late).... so i guess he really hates this song by Michael Learns to Rock.
Parti Bersatu Rakyat Sabah president Tan Sri Joseph Kurup retained his Pensiangan seat he won unchallenged in the March 2008 with the Federal Court ruling in his favour to quash the September last year, Election Court ruling to declare it null and void.
The three-men bench of the Federal Court ruled that the Election Court judge Justice David Wong Dak Wah had erred in his ruling.
It was clear that under the election laws, it was candidate’s responsibility to submit their nomination papers on time between the stipulated period of 9am and 10am.
Friday’s sitting was presided by Court of Appeal president Tan Sri Alauddin Mohd Sheriff, High Court of Malaya Chief Judge Datuk Arifin Zakaria and Federal Court judge Datuk Nik Hashim Nik Abdul Rahman.
The Federal Court also said that the returning officer Bubudan O.T. Majalu was justified in upholding the objection against the nomination papers of Parti Keadilan Rakyat candidate Danny Andipai.
”I am very happy and relieved. Now I can focus on doing my work as a deputy minister,” said Kurup, who is Deputy Rural and Regional Development Minister.
Kurup had appealed against the decision of the Election Court to declare his unopposed victory in the Pensiangan parliamentary seat was null and void.
On Sept 8 last year, High Court judge Justice David Wong Dak Wah, who was sitting as an Election Court judge, quashed the outcome of the Pensiangan seat that was won uncontested by Barisan Nasional’s Kurup.
Justice Wong held that returning officer Bubudan OT Majalu had erred in overturning an Election Commission directive that PKR candidate Danny Andipai’s nomination papers be accepted though they were filed after the 10am deadline.
The judge had also ruled that the objections against Andipai’s nomination forms — on the grounds that they were not signed and that improper forms were used — were invalid.
A good night sleep indeed for Kurup tonight........