JUDGMENT

Abdul Hamid Mohamad JCA:

This appeal arises from two election petitions, ie, Election Petition No. 5 of 1999 and Election Petition No. 11 of 1999. Both petitions concern the general election for the State Assembly for the constituency of Likas, known as "N13". The present appellant was the second respondent in Election Petition No. K5 of 1999 and third respondent in Election Petition No. K11 of 1999. The present respondent was the petitioner in both petitions. They were both candidates in the said election which was won by the appellant.

In the court below, both the petitions were consolidated.

Election Petition No. 5 of 1999 concerns the erection of four billboards alleged to have contained false statements about the respondent and alleged to have been made and/or put by the appellant. The election judge found that the appellant had committed an offence under s. 11(c) and (d) and s. 32 of the Election Offences Act 1954.

Election Petition No. 11 of 1999 was based on three main grounds:

(1) that the Election Rolls 1998 which was used in the said election was illegal as (it was alleged) it contained names of non-citizens and persons who had been convicted for possession of f