JUDGMENT

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: