Raja Azlan Shah J (delivering oral judgment):

This is an application to take the election petitions off the file, on the ground that it was not presented within 21 days of the date of publication of the result of the election in the Gazette as required by s. 38(1) of the Election Offences Act, 1954.

The facts are as follows: The three petitioners were candidates for the Constituencies of Kuala Pahang, Pahang Tua and Rompin for election to the Pahang State Legislative Assembly. On 5 April 1969 they filed their nomination papers. These were rejected by the returning officer on certain grounds which need not be set out at this stage. The returning officer forthwith declared the first respondents to be elected and returned their names in the prescribed forms (i.e. Form five in the First Schedule to the Elections (Conduct of Elections) Reg, 1959) to the Supervisor of Elections who caused them to be published in the Gazette on 8 May 1969. The election petitions were presented on 23 April 1969 that is to say before the date of publication of uncontested election results in the Gazette.

The question which I have to determine is whether the petitions must be presented after the d