HIGH COURT (SIBU)
WONG SIONG TUNG, J
Awang Hussaini bin Sahari – Appellant
Versus
Shahelmey bin Yahya & Ors – Respondent
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:
| A | Total number of electorates | 63,173 | |
| B | Total number of ballot papers issued at the poll (as in A in all Form 14 + A in Form 15) | 42,221 | |
| C | Number of votes by electors for each contesting candidate: | ||
| Name of Candidate | Name of political party/independent | Nu | |
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