Siti Norma Yaakob JCA:

[1] To appreciate the nature of this appeal before us, it is necessary that we begin with some factual background.

[2] At the General Elections held on 25 April 1995, three contenders vied for the Parliamentary seat for the Bukit Bintang Constituency.

[3] The three were Mr. Wee Choo Keong, the appellant before us, Mr. Lee Chong Meng, the 1st respondent and Mr. Teng Chang Khim, who is not a party in this appeal.

[4] The appellant was duly elected the Member of Parliament for Bukit Bintang but his election was challenged by firstly the 1st respondent, who filed an election petition, PP-1-95 on 19 June 1995 and secondly by Mr. Wong Yook Sung @ Wong Tong Lim, the 2nd respondent and a voter at the same constituency, who filed a separate election petition, PP-3-95 on 2 August 1995.

[5] Both election petitions were filed pursuant to the provisions of Article 118 of the Federal Constitution> and both cited the Election Commission, the Returning Officer for the Bukit Bintang Constituency and the appellant, as respondents.

[6] The challenge in both petitions is grounded on the fact that the appellant had been convicted of the offence of contempt of Court and fined RM