JUDGMENT

Nordin Hassan FCJ:

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