Hj. Abdul Malek bin Hj. Ahmad J:

After filing this election petition on 13 May 1990, the petitioner had filed an amendment to it on the 12 August 1990 and the grounds as stated in the amended election petition are:

(a) that the ground of the petitioner's petition is that the 1st respondent was at the time of his election was a person disqualified for election vides. 32(e) Election Offences Act 1954.

(b) that for the said election to be held, on 12 March 1990, nomination papers for candidacy to the said election were presented to the 2nd respondent herein in respect of the two candidates, namely, the petitioner Dato' Haji Mohd. Muslim bin Othman and Shuaib bin Lazim the 1st respondent herein.

(c) that an objection to the nomination for candidacy to the said election of Shuaib bin Lazim, the 1st respondent to the 2nd respondent was made by the petitioner and Ghazali bin Salleh, the proposer to the petitioner who he himself being a person who has a right to vote at the above election on the ground that the 1st respondent was an undischarged bankrupt vide an order made on 21 February 1990 by the Honourable Mr. V. C. George in Kuala Lumpur High Court (Commercial Division) in Bankruptcy Petition No. D3-29-7415-89 and that being so the 1st respondent was at the material time a disqualified person to be nominated as a candidate to the said election and be elected as a member of the Kedah State Legislative Assembly under the provision of the Kedah State Constitution.

(d) that the 2nd respondent herein overruled the objection aforesaid and accepted the nomination for candidacy to the said election of the 1st respondent presented to the 2nd respondent by the 1st respondent and declared that the By Election to be contested between the petitioner and the 1st respondent in the election held on 24 March 1990 and the result of which the 1st respondent has won the said election and duly elected to the Kedah State Legislative Assembly.

He had further stated:

(a) that the 2nd respondent's rejection of the aforesaid objection to the nomination for candidacy to the said election of the 1st respondent on 12 March 1990 was wrong and bad in law;

(b) that the 2nd respondent's decision and declaration to have the said By-Election for the State Constituency of Pantai Merdeka a contested election on 24 March 1990 be declared null and void and the subsequent result declared pursuant to the by-election be further declared null and void and of no legal effect; and

(c) that the 1st Respondent being an undischarged bankrupt at the time of the nomination for candidacy to the said election be declared unfit and a disqualified person from being a candidate at the said election and duly, elected as a member of the Kedah State Legislative Assembly.

Accordingly, he had asked for the following prayers:

(a) that the 1st respondent be declared unfit and a disqualified person from being a candidate on the nomination day of the said election.

(b) that the let respondent's nomination of candidacy on the nomination day of the said election be declared void.

(c) that a declaration that the 1st respondent was not duly elected or ought not to have been returned.

(d) that the 2nd respondent's rejection of the aforesaid objection to the nomination for candidacy to the said election of the 1st respondent be set aside; and

(e) that the said objection by the petitioner) and his proposer be sustained and accepted by the 2nd respondent; and

(f) that there being no other candidate other than the petitioner, the petitioner be declared as the only candidate nominated and returned uncontested at the close of the said nomination day on 12 March l990 and such declaration should take effect from the closing of the nomination of candidacy to the said election, on 12 March 1990; and

(g) that a declaration that the petitioner was duly elected and ought to have been elected.

(h) that the election held on 24 March 1990 and the result of the same be declared null and void and of no leg