[2019] 1 SSLR 1
High Court Sabah & Sarawak, Sandakan
Azhahari Kamal Ramli J
Azhahari Kamal Ramli J


Azhahari Kamal Ramli J:

[1] The 1st respondent, Musa bin Aman, was the candidate for Barisan Nasional (BN) in the State Constituency of N42, Sungai Sibuga during the 14th General Election held on 9 May 2018. The petitioner, Asmara bin Abdul Rahman was a candidate representing Parti Warisan Sabah (Warisan), whereas one Osman bin Enting represented Parti Kebangsaan Sabah (PKS). The total number of electorate for N.42 constituency was 35,454. The 1st respondent garnered 14,503 votes whereas the petitioner garnered 12,319 votes. Osman bin Enting only managed to secure 241 votes. The 1st respondent was declared the winner with a majority of 2,184 votes. There were 525 rejected ballot papers and 164 ballot papers issued but not put in the ballot box. The 1st respondent was returned as being the elected member of the State Legislative Assembly of N.42 Sungai Sibuga.

[2] The 1st respondent filed the petition herein on 18 June 2018 claiming the following orders:

(a) A declaration that the election for the State Constituency of Sungai Sibuga (N. 42) held on 9 May 2018 is void;

(b) A declaration that the 1st respondent, Musa bin Aman is not duly elected or ought not to have been returned.

(c) Costs; and

(d) Such further or other relief as the court deems fit.

[3] In this petition, the petitioner claims that an offence of bribery under s 32(a) of the Election Offences Act 1954 has been committed so extensively prevailed that they may be reasonably have affected the result of the Election. There were also corrupt practices as prescribed under s 32(c) of the Election Offences Act (the Act) committed by the 1st respondent or with his knowledge or consent or by any of his agent. Hence, the petitioner pleaded case is that there were breaches of s 32(a) and (c) of the Act, justifying the relief sought for in this petition.

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