Wan Sagar bin Wan Embong vs Harun bin Taib

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 MarsdenLR 6378

Wan Sagar bin Wan Embong – Appellant
Versus
Harun bin Taib – Respondent

Case Summary

Election — Petition — Application for declaration that elections were null and void — Struck off by election judge — Appeal against decision — Whether election judge had erred in law in requiring inclusion of evidence in petition — Whether judge had erred in his application of principles on agency in relation to contents of petition — Whether judge had failed to take into account different requirements to prove misconduct under s 32(a) and (c) of the Election Offences Act 1954 — Election Offences Act 1954 s 32(a), (b), (c) — Election Petition Rules 1954 rr 4, 5

The appellant in this case had stood as a candidate for Barisan Nasional in the twelfth general election for the state of Manir held on 8 March 2008 and lost to the respondent, a Parti Islam Se Malaysia candidate, by a majority of 406 votes. Dissatisfied over alleged acts of bribery, corrupt practice, intimidation and non-compliance with the election laws arising from the election held he filed an election petition at the High Court seeking, inter alia, a declaration that the election be declared invalid and void and for a declaration that the respondent was not duly elected or ought not to have been returned at t

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2025 MarsdenLR 6378

Wan Sagar bin Wan Embong – AppellantVersusHarun bin Taib – Respondent

Case Summary

Wan Sagar bin Wan Embong – Appellant
Versus
Harun bin Taib – Respondent