JUDGMENT

Introduction

[1] There were two appeals before us. The first appeal, Appeal No 35 was filed by the petitioner against the decision of the election judge in dismissing his preliminary objection. The second appeal, Appeal No 40 was filed by the petitioner against the decision of the election judge in upholding the 1st respondent's preliminary objections.

[2] We heard both the appeals together. Having considered the appeal records and the written and oral submissions of the parties, we had unanimously dismissed Appeal No 35 and allowed Appeal No 40. We now provide our reasons.

[3] In this judgment, parties will be referred to as they were in the High Court.

Background Facts

[4] The petitioner was a Parti Keadilan Rakyat candidate for the Parliamentary seat in P.139 Jasin, Malacca. He filed an election petition in the High Court at Kuala Lumpur challenging the result of the 14th General Election for the said seat. The 1st respondent was a Barisan Nasional candidate, the pronounced winner of the seat. The 2nd respondent was the Returning Officer while the 3rd respondent is the Election Commission.