The court affirmed that the Election Commission's decision regarding the applicant's disqualification under the Election Offences Act was lawful and valid.

[1] This is the applicant's judicial review application for the following reliefs:

(i) an order of certiorari to quash the decision of the Election Commission vide letter dated 28 December 2018 declaring that the applicant is not qualified to stand for election or to vote in any election for the duration of five years from 13 December 2018.

(ii) a declaration that the Election Commission's decision is disproportionate, excessive and oppressive against the applicant.

(iii) a declaration that the Election Commission's decision is null and void.

The Salient Facts

[2] The applicant was elected as Member of Parliament for Parliament Constituency of Cameron Highlands (P078) in the 14th General Election held on 9 May 2018.

[3] On 4 June 2018, Manogaran Marimuthu, one of the candidates for P078, file an election petition challenging the said election result pursuant to s 32(c) of the Election Offences Act 1954 ('Act 5'). The ground for the petition is that there was corrupt practice committed by the applicant or with his knowledge or consent.

[4] On 30 December 2018, having heard the evidence from both parties, the Election Judge found that corrupt practice was committed in connection with the election, with the knowledge of the applicant and declared that the election for P078 Cameron Highlands held on 9 May 2018 was void.

[5] The Election Judge, at paras 69 and 70 of her grounds of judgment said this:

"[69] Therefore, I find that corrupt practice was committed in connection with the election with the knowledge of the Respondent (applicant) under s 32(c) of Act 5. Consequentially, pursuant to s 36(1) of Act 5, I declare that the election for the Parliament Constituency of Cameron Highlands P 078 held on 9 May 2018 was void.

[70] With regards to s 37 of Act 5, I will certify this decision to the Election Commission and report that corrupt practice has been proved to have been committed with the knowledge and consent of the respondent (applicant) at the election, namely the giving of money to the voter to induce the voter to vote. However, I will not report any person who have been proved at trial to be guilty of any corrupt practice because of the inconsistencies in the evidence of the petitioner's own witnesses as to the identity of the person who had actually given the money."

[6] On 13 December 2018, the Election Judge sent a report to the Election Commission where in the report, the Election Judge concluded as follows:

"Oleh yang demikian, saya mendapati bahawa terdapatnya perbuatan rasuah berkaitan dengan pilihan raya tersebut yang telah dilakukan dengan pengetahuan responden selaras dengan s 32(c) Akta 5. Justeru itu, selaras dengan s 36(1) Akta 5, saya mengisytiharkan bahawa pilihan raya bagi kawasan Parlimen Cameron Highlands (P078) yang diadakan pada 9 Mei 2018 adalah terbatal."

[7] Thereafter, the Election Commission gazetted the said Election Judge's report as the 'Report of an Election Judge under subsection 37(4)' and also announced that P078, Cameron Highlands' Parliamentary seat was vacated and that the by-elections to be held on 26 January 2019 with the nomination day on 12 January 2019.

[8] The applicant did not appeal against the said decision of the Election Judge made on the 30 November 2018 which declared the election for P078 was void.

[9] Next, vide letter dated 11 December 2018 to the Election Commission, the applicant sought confirmation on his qualification to stand as candidate for the Cameron Highlands by-election.

[10] The Election Commission responded vide letter dated 28 December 2018 stating that the applicant is not qualified to stand as a candidate or vote in any election for the next five years from 13 December 2018.

[11] Dissatisfied with the Election Commission's response, the applicant filed this judicial review application.