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FEDERAL COURT PUTRAJAYA
KHAIRUDDIN ABU HASSAN – Appellant
Versus
DATUK SERI HAJI AHMAD HAMZAH & ORS AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. two appeals concerning election petition proceedings examined. (Para 3) |
| 2. background facts of the election contested. (Para 4 , 5 , 7 , 8) |
| 3. interpretation of election petition rules outlined. (Para 6 , 10 , 11) |
| 4. jurisdiction of high courts in election matters discussed. (Para 12 , 14 , 22 , 23 , 26) |
| 5. discussion of jurisdiction under the federal constitution. (Para 31) |
| 6. interpreting the specific rules regarding advocates in election petitions. (Para 34 , 37 , 40 , 41) |
| 7. examined compliance with election petition rules. (Para 35 , 44) |
[3] In this judgment, parties will be referred to as they were in the High Court.
Background Facts
[4] The petitioner was a Parti Keadilan Rakyat candidate for the Parliamentary seat in P.139 Jasin, Malacca. He filed an election petition in the High Court at Kuala Lumpur challenging the result of the 14th General Election for the said seat. The 1st respondent was a Barisan Nasional candidate, the pronounced winner of the seat. The 2nd respondent was the Returning Officer while the 3rd respondent is the Election Commission.
Proceedings In The High Court
[5] Both the petitioner and the respondents raised preliminary objections in the Hig
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