MANOGARAN MARIMUTHU vs SIVARAJ CHANDRAN

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2018 MarsdenLR 399

HIGH COURT MALAYA KUALA LUMPUR
MANOGARAN MARIMUTHU – Appellant
Versus
SIVARAJ CHANDRAN – Respondent

Petitioner Advocates:Manokaran Veraya,M Rajenthirakumar R Malaiapan,Shanmuga A Kanesalingam,Yohendra Nadarajan,David Yii Hee Kiet ,Respondent Advocate: Mohd Hafarizam Harun,Norhariza Abu Haiyan,Nik Nuraisha Alia Hanafi

Table of Content
1. challenge to election results based on alleged corrupt practices. (Para 1 , 10 , 11)
2. challenges to an elected position can arise based on statutory breaches. (Para 2)
3. legal basis for declaring an election void under corrupt practices. (Para 12 , 13 , 14)

[1] This Election Petition ("EP") is challenging the return of the Respondent as the Member of Parliament for P. 078, the parliamentary constituency of Cameron Highlands.

[2] In the EP, the Petitioner is seeking the following orders:

(i) a declaration that the Respondent was not duly elected or ought not to have been returned on 9 May 2018 at the Election for the Parliamentary Constituency of Cameron Highlands P.078;

(ii) a declaration that the Election for the Parliamentary Constituency of Cameron Highlands P.078 held on 9 May 2018 was void; and

(iii) any other reliefs as the Court deem just and fit.

The Salient Facts

[3] The Petitioner was a candidate for the Parliamentary Constituency of Cameron Highlands, P 078 (the "Constituency").

[4] The Constituency consists of two State Constituencies, namely the State Constituency of Tanah Rata (N01 Pahang) and the State Constituency of Jelai (N02 Pahang).

[5] The incumbent

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2018 MarsdenLR 399

HIGH COURT MALAYA KUALA LUMPURMANOGARAN MARIMUTHU – AppellantVersusSIVARAJ CHANDRAN – Respondent

HIGH COURT MALAYA KUALA LUMPUR
MANOGARAN MARIMUTHU – Appellant
Versus
SIVARAJ CHANDRAN – Respondent