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 th