Arifin Zakaria FCJ:

Background Facts

[1] The appellant (petitioner in the court below and in this judgment will also be referred to as "the petitioner") stood as a candidate for Barisan Nasional in the recent general election, held on 8 March 2008 for the State Legislative Assembly constituency N. 22, Manir, Terengganu. He lost to the Parti Islam Se Malaysia candidate, the respondent in the present appeal, by a majority of 406 votes. Dissatisfied with the said election result he filed an election petition at the High court at Kuala Terengganu seeking the following reliefs:

1. A declaration that the election for State Assembly Seat N. 22 Manir, Terengganu, held on 8 March 2008 be declared invalid and void;

2. For a declaration that the respondent was not duly elected or ought not to have been returned at such election;

3. A determination and direction pursuant to s 36 of the Election Offences Act 1954 ("the Act") ;

4. Further other reliefs as the court deems fit;

5. Costs of the petition.

[2] At the hearing of the petition learned counsel for the respondent raised five grounds as preliminary objection. Having heard submissions of parties the learned election judge, upheld the prelim