Kang Hwee Gee J:

[1] This is a petition by Wan Sagar bin Wan Embong, the losing Barisan Nasional candidate in the 12th General Election held on 8 March 2008 in respect of the State Constituency N.22 Manir Terengganu to declare the election of the winning PAS candidate Harun bin Taib void.

[2] The 1st respondent Harun bin Taib from PAS, the only other candidate in the election, was declared the duly elected member of the State Legislative Assembly for the Constituency of Manir by polling 5,323 against the petitioner's 4,917 votes - a majority of 406.

[3] The petitioner claimed the right to present this petition under s. 34 of the Election Offences Act 1954 as a person who has the right to be returned or elected at the election under proviso (b) of the section.

[4] The petition is grounded on the complaints under proviso (a), (b) and (c) of s. 32 of the Election Offences Act 1954, read with r. 4(1) of the Election Petition Rules 1954.

[5]Section 32(a), (b) and (c) of the Act reads as follows:

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 Elec