Arifin Zakaria CJ (Malaya):

Background

[1] On 13 March 2009 by a unanimous decision we dismissed this appeal and we now give our reasons.

[2] The appellant in this appeal is a registered voter in the State Constituency, N15, Api-Api in the State of Sabah.The candidates for the said constituency in the general election held on 8 March 2008, were Ms Liew Chin Jin (also known as Ms Christina) and Datuk Dr Yee Moh Chai ("the respondent"). At the election, Ms Liew Chin Jin polled 3,245 votes against the respondent who polled 3,419 votes. The respondent was declared the winner of the election by a narrow margin of 174 votes.

[3] The appellant in his petition sought to declare the election of the first respondent as void pursuant to s 32(a) and/or (b) or (c) of the Election Offences Act 1954 ("the Act"). In the alternative the appellant sought the declaration that Ms Liew Chin Jin as being duly returned or elected.

[4] The petition was grounded on the allegation that the respondent and/or his agent with his knowledge and consent had during the campaign period, printed, published and caused to be distributed in the State Constituency, N15, Api-Api and the Parliamentary Constituency P172