WAN MOHAMAD HISHAM WAN ABDUL HAMID vs CHE ALIAS HAMID MOHAMED @ HASHIM

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2023 MarsdenLR 1841

HIGH COURT MALAYA KUALA TERENGGANU
WAN MOHAMAD HISHAM WAN ABDUL HAMID – Appellant
Versus
CHE ALIAS HAMID MOHAMED @ HASHIM – Respondent

Petitioner Advocates:,Respondent Advocate:

Table of Content
1. petitioner filed an election petition alleging corrupt practices. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. petitioner alleges bribery during election campaign. (Para 12 , 13 , 14)
3. court finds payments made to voters were tied to election. (Para 119 , 120 , 121 , 122 , 123)
4. payments were intended to induce voters for the respondent. (Para 125 , 126 , 127 , 128 , 129 , 130 , 131 , 132 , 133)
5. election declared void due to proven corrupt practices. (Para 178 , 179)

JUDGMENT

Anselm Charles Fernandis J:

Introduction

[1] The petitioner, Wan Mohamad Hisham bin Wan Abdul Hamid was a registered voter as well as an election agent for the Barisan National (BN) candidate Dato' Seri Hj. Ahmed bin Said (SP1) for the 15th General Elections (GE15) for the Parliamentary Constituency of Kemaman (P040).

[2] The petitioner filed this Election Petition (EP) on 3 January 2023 at the High Court in the state of Terengganu under s 32(c) of the Election Offences Act 1954 ( EOA ). He alleges that there was corrupt practice committed by the respondent's agents.

Background Facts

[3] On 10 October 2022, the Malaysian Parliament was dissolved to make way for the 15th General Electi

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2023 MarsdenLR 1841

HIGH COURT MALAYA KUALA TERENGGANUWAN MOHAMAD HISHAM WAN ABDUL HAMID – AppellantVersusCHE ALIAS HAMID MOHAMED @ HASHIM – Respondent

Cases Referred (5)

HIGH COURT MALAYA KUALA TERENGGANU
WAN MOHAMAD HISHAM WAN ABDUL HAMID – Appellant
Versus
CHE ALIAS HAMID MOHAMED @ HASHIM – Respondent