PUTRAJAYA (May 2): The Federal Court allowed election petitions by Barisan Nasional (BN) against Kemaman Member of Parliament Che Alias Hamid and Masjid Tanah MP Datuk Mas Ermieyati Samsudin to go for a full hearing to dispute their election victories in the 15th general election (GE15) in November 2022. 

A three-judge federal court quorum led by Chief Justice Tun Tengku Maimun Tuan Mat made an order for a full trial at the respective state Election Courts, after hearing submissions from lawyers from BN as well as the MPs in question.

In their unanimous decision, the bench allowed BN’s appeals, which raised allegations of bribery in both Perikatan Nasional (PN) MPs' electoral victories. 

This means that the objections against the victories for the Kemaman and Masjid Tanah seats will now go for a full trial to decide if the allegations of bribes hold water.

In the brief decision read out by Tengku Maimun, she along with her bench, which included judges Datuk Seri Hasnah Mohammed Hashim and Datuk Nordin Hassan, surmised that the two election petitions were sufficient for a hearing. 

She then directed the two cases to be reverted to new Election Court judges in Terengganu (for the Kemaman seat) and Melaka (Masjid Tanah) respectively for the full trial to be heard on its merits. 

Datuk Mohd Hafarizam Harun represented the BN petitioners, while Yusfarizal Yusoff represented the two PN MPs. 

Hafarizam had submitted before the court that the petitions were not defective and deserved to be heard at the Election Courts on their merits. 

Yusafarizal had countered by saying that the trial can be a waste of time if the petitioners do not have enough evidence of the alleged bribery. 

After reading out the bench decision, Tengku Maimun set case management for the election petitions before the state Election Courts on May 5 (for Masjid Tanah) and May 8 (Kemaman).

The petitions were filed in January this year at the High Court in Kuala Terengganu by Umno Terengganu to annul the GE15 results for the Marang, Kuala Terengganu and Kemaman parliamentary seats, in accordance with the Election Offences Act 1954.

For Masjid Tanah, BN candidate Abdul Hakim Abdul Wahid filed the petition, alleging that bribery, in the form of money and banquets, was used to woo voters in the GE15.

In the initial objection application for the petition, Mas Ermieyati as a respondent, among others, claimed that the petition was filed out of time as prescribed under Section 38 of the Election Offences Act.

In addition, Abdul Hakim, as the petitioner, is alleged to have also erred, because he did not name the returning officer and the Election Commission officer in the petition.

Mas Ermieyati (PN-Bersatu) won the seat, with a majority of 4,411 votes, in a four-cornered clash against Abdul Hakim, Mutalib Uthman (Muda) and Handrawirawan Abu Bakar (Gerakan Tanah Air-Pejuang).

The Kuala Terengganu and Marang election petitions are still ongoing. 

BN also has two pending appeals before the Federal Court to overturn the Election Court decisions to strike out the election petitions for the Putrajaya and Gua Musang parliamentary seats.