JUDGMENT

Lee Hun Hoe J:

These motions arose out of the first direct election to the State Legislative Assembly held on various dates in April 1967. In all cases applications were made for the dismissal of the petitions on various grounds. For convenience the three petitions were dealt with together.

In Election Petition No. 1 of 1967 (hereinafter referred to as petition No. 1) Chong Thain Vun and Dato' Khoo Siak Chiew were both candidates for the Sandakan Bandar constituency. Albert Watson, the returning officer was also made a respondent. The election was held on 8 April and Dato' Khoo was duly elected. Chong filed his petition on 30 May. There are two grounds for dismissal, namely,

(a) that the notice of the petition herein was not served on the second respondent abovenamed within ten days of the presentation of the petition herein in accordance with r. 15 of the Election Petition Rules, 1954;

(b)that the petitioner herein has failed to deposit by payment to the proper officer sufficient sum by way of security for cost as is required under r. 12(2) of the Election Petition Rules, 1954.

In Election Petition No. 2 of 1967 (hereinafter referred to as petition No. 2) Hamid Datun