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1998 MarsdenLR 375

FEDERAL COURT KUALA LUMPUR
WEE CHOO KEONG – Appellant
Versus
LEE CHONG MENG & ANOR – Respondent


Petitioner Advocates:Sulaiman Abdullah ,Respondent Advocate: Zaitun Zawiyah Putih,Dato' Ahmad Zaki Husin

JUDGMENT

Peh Swee Chin FCJ:

[1] We have earlier dismissed the application of the applicant for leave to appeal to the Federal Court and indicated we would give our grounds of judgment later. We now hereby do so. The applicant is hereafter referred to as the applicant for leave.

[2] The leave sought for but refused related to an intended appeal against a decision of the Court of Appeal dated 29 February 1996 which had upheld the High Court's decision in dismissing an application there by the applicant herein for leave there to apply for an order of certiorari to quash an earlier decision of an election judge. A brief account of the background of this matter would be necessary.

[3] The applicant was earlier elected at the last general election as a Member of Parliament for the constituency of Bukit Bintang but in an election petition filed subsequently by his unsuccessful opponent against the applicant for leave, the latter was disqualified and unseated by the election judge who, instead, declared that one Lee Chong Meng, the said opponent as duly elected Member of Parliament in place of the applicant for leave.

[4] The applicant for leave, being unable to appeal against such decision, di

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