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2025 MarsdenLR 6768

HIGH COURT (SIBU)
WONG SIONG TUNG, J
Awang Hussaini bin Sahari – Appellant
Versus
Shahelmey bin Yahya & Ors – Respondent


Advocates:
Nelson W Angang (with Chua Kuan E) (Tan Arthur Borine & Partners) for the petitioner.
Marzuki Spawi (with Saiful Azian Mokhtar, Hassan Murtaza and Rizwandean M Borhan) (Marzuki Spawi & Co) for the first respondent.
Nurhafizza Azizan (with Azza bt Azmi and Ng Wee Li) (Senior Federal Counsel, Jabatan PeguamNegara); Nik Ahmad Marzuki bin Nik Mohamad (SuruhanjayaPilihan Raya Malaysia) for the second and third respondents.

Wong Siong Tung J:

GROUNDS OF DECISION

BRIEF BACKGROUNDS

[1]The Petitioner was one of the candidates who contested in the parliamentary election for the Parliamentary constituency of Putatan (P.173) (the said Constituency) in the State of Sabah for which election, the advance polling was held on 15-11-2022 and the general polling was held on 19-11-2022.

[2]After completion of the counting of the votes casted by the electorates and official addition of the votes, the returning officer declared the 1st Respondent as the candidate having been elected as the member of Parliament for the said Constituency with the majority of 124 votes over the Petitioner.

[3]The statement of the election of the 1st Respondent was gazetted via P.U.(B) 619/2022 on 14.12.2022 pursuant to regulation 27 of the Elections (Conduct of Elections) Regulations 1981. The statement of the poll in respect of the election for the said Constituency as gazetted was tabulated as follows:

ATotal number of electorates63,173
BTotal number of ballot papers issued at the poll (as in A in all Form 14 + A in Form 15)42,221
CNumber of votes by electors for each contesting candidate:
Name of CandidateName of political party/independentNu

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