Lau Bee Lan J:

[1] The petitioner, Dayrell Walter Entrie was a candidate in the Sarawak State Constituency of Layar (N31) in the recently held elections on 20 May 2006. The respondents were the Returning Officer of the Constituency ("the 1st respondent"), the Chairman of the Election Commission ("the 2nd respondent") and the returned candidate, Datuk Patinggi Tan Sri Alfred Jabu Anak Numpang ("the 3rd respondent").

[2] On 14 August 2006, with regard to the preliminary objection raised by 1st and 2nd respondents on the ground that the election petition has not disclosed any cause of action against 1st and 2nd respondents and petitioner by his counsel has confirmed that he is not contesting the objection, the court ordered the 1st and 2nd respondents' application to be struck out with agreed cost of RM1,000 to be paid two weeks from today (14 August 2006). Mr. Sim Hui Chuang, advocate for the 3rd respondent intimated to the court that they would be filing a notice of motion to strike out the petition which was set for hearing on 14 September 2006.

[3] At the hearing of notice of motion to strike out the petition by the 3rd respondent dated 14 August 2006 (encl. 29), Mr. Ba