JAMIL DZULKARNIAN vs MOHAMAD KAMIL SHAFIE

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 MarsdenLR 1531

COURT OF APPEAL PUTRAJAYA
JAMIL DZULKARNIAN – Appellant
Versus
MOHAMAD KAMIL SHAFIE – Respondent

Table of Content
1. two appeals involve similar facts and issues. (Para 1 , 1 , 2)
2. appellant's claims regarding respondent's residency. (Para 3 , 4)
3. need for compliance with election law provisions. (Para 5 , 6)
4. challenge to election must follow specific procedures. (Para 7 , 9)
5. disqualification based on residence requirements. (Para 8)
6. strict procedural rules for election disputes. (Para 10 , 11 , 12 , 13)
7. the importance of proper objection procedures. (Para 14 , 16 , 17)
8. prior election petition dismissed, limits appellant's arguments. (Para 15 , 18 , 19)
9. comparison of election dispute laws in malaysia and india. (Para 20)

[1] There are two appeals before this court. These are:

(i) Rayuan Sivil No: W-02(IM)-884-05-2014; and

(ii) Rayuan Sivil No: W-02(IM)-885-05-2014.

At the outset, it must be observed that both appeals involve similar facts and issues with both the appellants seeking the same reliefs. That being the case, learned counsel for both parties had agreed to proceed with the above appeal number (i) only and that the decision in respect of the said appeal would bind the second appeal.

[2] To appreciate the contentions that have been raised before the court, it w

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2014 MarsdenLR 1531

COURT OF APPEAL PUTRAJAYAJAMIL DZULKARNIAN – AppellantVersusMOHAMAD KAMIL SHAFIE – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
JAMIL DZULKARNIAN – Appellant
Versus
MOHAMAD KAMIL SHAFIE – Respondent