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2023 MarsdenLR 737

HIGH COURT MALAYA KUALA LUMPUR
AHMAD FAISAL ABDUL KARIM – Appellant
Versus
MOHD RADZI MD JIDIN – Respondent


Petitioner Advocates:Datuk Wira Mohd Hafarizam Harun,Norhazira Abu Haiyan,Muhammad Amin Othman ,Respondent Advocate: Datuk Seri Takiyuddin Hassan,Yusfarizal Yusoff,Wan Rohimi Wan Daud,Mohd Faizi Che Abu,Nurul Atiqah Badrul Hisham,Wan Nur Amira Wan Abdul Manan,Ahmad Lutfi Awang

Table of Content
1. introduction of the election petition and the parties involved. (Para 1 , 2 , 3 , 4 , 5 , 10)
2. requirements of proof related to corrupt practices in election. (Para 7 , 8 , 9 , 11)
3. burden of proof lies with the petitioner. (Para 12 , 14)
4. conclusion regarding compliance with election procedural requirements. (Para 36 , 50 , 70)
Faizah Jamaludin J:

Introduction

[1] This is my judgment in respect of the election petition ("EP") filed by the Petitioner, Ahmad Faisal bin Abdul Karim, challenging the election of the Respondent, Mohd Radzi bin Md Jidin, as the Member of Parliament of the Parliamentary seat of P.125 Putrajaya.

[2] The Respondent was the Perikatan Nasional ("PN") candidate in the Parliamentary seat of P.125 Putrajaya contested in the 15th General Election ("GE-15"), which took place on 15 November 2022 (early voting) and 19 November 2022 (polling day). The Respondent had won the election by a majority of 2,310 votes and was returned as the duly elected Member of Parliament for the Parliamentary seat of P.125 Putrajaya by the Returning Officer on 19 November 2022.

[3] The Petitioner was a voter at the election to which the EP relates and the election agent

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