JUDGMENT
Introduction
[1] On 2 May 2023, two appeals were argued together before us concerning the decisions of the Election Judges in allowing the respondents' preliminary objections and striking out the election petitions filed by the applicants. The appeals are as follows:
(i) Abdul Hakim Abdul Wahid v. Mas Ermieyati Samsudin (appeal no 01(i)-4-02/2023(M)) - Parliamentary Constituency of Masjid Tanah, Melaka ("The Masjid Tanah's appeal")
(ii) Wan Mohamad Hisham Wan Abdul Hamid v. Che Alias Hamid (appeal no 02(i)-13-02/2023(T)) - Parliamentary Constituency of Kemaman, Terengganu ("The Kemaman's appeal")
[2] Having considered the appeal records and the parties' written as well as oral submissions in both the appeals, we unanimously allowed both appeals. Our analysis and reasons are as follows.
The Background Facts
The Masjid Tanah's Appeal
[4] Abdul Hakim Abdul Wahid, the appellant, was a Barisan Nasional ("BN") candidate who stood for election in the 15th General Election ("GE15") for the Parliamentary Constituency of Masjid Tanah, Melaka ("P134"). The GE 15 was held on 19 November 2022 with 3 other candidates including the respondent from Perikatan Nasional ("PN"). The appellant obtained 21,193 votes whilst the respondent garnered 25,604 votes and declared as the winner of the Masjid Tanah seat with a majority of 4,411 votes.
[5] On 14 December 2022, the results of the GE15 were published in the Gazette.
[6] On 3 January 2023, the appellant filed an election petition at the Melaka High Court under s 32(a) and (c) of the Election Offences Act 1954 ("EOA"). In the election petition, the appellant sought for inter alia declarations that the respondent was not duly elected in the GE15 for the Parliamentary Constituency of Masjid Tanah and that the said election be declared void.