Zulkefli Makinudin FCJ:

Introduction

[1] This is an appeal from the decision of the Election Judge at the High Court in Kuala Terengganu in which the election petition filed by the appellant (petitioner in the High Court) was struck out following a preliminary objection raised by the first respondent. The appellant was the Barisan Nasional candidate in the Twelfth General Election for a seat in the State Legislative Assembly for the constituency of Manir, which was held on 8 March 2008 whilst the first respondent was the PAS candidate. The first respondent was declared as the duly elected member of the said constituency of Manir by polling 5,323 against the appellant's 4,917 votes - a majority of 406. The appellant claimed the right to present this petition under s 34(a) of the Election Offences Act 1954 ("EOA") as a person who has the right to be returned or elected at the election. The appellant was dissatisfied over alleged acts of bribery, corrupt practice or illegal practice, violence, intimidation and non-compliance with the election laws arising from the election held and accordingly filed an Election Petition based on the grounds set out in ss 32(a), (b) and (c) of the EOA, read with r 4(1) of the Election Petition Rules 1954 ("EPR"). Section 32(a), (b) and (c) of the EOA reads as follows:

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The election of a candidate at any election shall be declared to be void on an election petition on any of the following grounds only which may be proved to the satisfaction of the Election Judge:

(a) that general bribery, general treating or general intimidation have so extensively prevailed that they may be reasonably supposed to have affected the result of the election;

(b) non-compliance with the provisions of any written law relating to the conduct of any election if it appears that the election was not conducted in accordance with the principles laid down in such written law and that such non-compliance affected the result of the election;

(c) that a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent, or by any agent of the candidate.

[2] Rule 4(1) of the EPR reads as follows:

An election petition shall contain the following statements:

(a) it shall state the right of the petitioner within s 34 of the Act; and

(b) it shall state the holding and result of the election and shall briefly state the facts and grounds relied on to sustain the prayer.

[3] Based on the particulars furnished by the appellant in the petition it would appear that the petition arose from two incidents which occurred on election day 8 March 2008. We reproduce below the relevant facts of the two incidents and the complaints made by the appellant:

The First Incident

[4] At about 10am at the entrance of the Sekolah Kebangsaan Teluk Menara Polling Centre, on election day 8 March 2008, the first respondent through his agents or representatives consisting of ten Malay persons had attempted to obstruct voters from voting by holding up a registered voter Muhammad Amiruddin Mariappan bin Abdullah. A person from among the group who was wearing a PAS symbol whom the voter recognized as Saidi bin Samad took the voter's wallet which contained his identity card and cash of RM2,000. Another person whom the voter recognized as Faizal Ali punched the voter on his left cheek. Yet another whom he also recognized hit him. The voter was accused of being a Bangladeshi.

[5] As a result of the incident the voter was unable to vote on the voting day and a report of the incident was lodged by the voter at the Manir Police Station on the same day vide Report NO 000280/08.

[6] In the event the appellant claimed that the first respondent had directly or indirectly, by himself or by any other person on his behalf committed acts of undue influence under s 9(1) of the EOA which constitutes corrupt practice or illegal practice under s 32(c) of the EOA.

[7] On the same facts as described the appellant claimed that ac