KUALA LUMPUR: The High Court here yesterday dismissed an application by former Cameron Highlands MP Datuk C Sivarraajh to quash the decision of the Election Commission (EC) prohibiting him from contesting in the Cameron Highlands by-election or voting in any election for five years after finding him involved in a corrupt practice during the general election.
Judge Datuk Nordin Hassan held that the EC’s decision in a letter dated Dec 28, 2018 was in accordance with the law and there was no illegality or irrationality with the decision.
“Therefore, the application for a judicial review by the applicant (Sivarraajh) is dismissed with cost of RM5,000,” he said.
Nordin said the EC had made the decision after scrutinising the decision on the Election Court made on Nov 30, 2018 and the report from the Election Court judge dated Dec 13, last year in accordance with Section 37 of the Election Offences Act 1954.
He said reading the report in totality, the report had fulfilled the requirement of Section 37(1)(a)(i) and (ii) of the Election Offences Act.
“The report in totality shows that the corrupt practice had been committed with the knowledge and consent of the applicant,” he said. The judge made the ruling after hearing submissions by Sivarraajh’s counsel, A Vasanthi and Senior Federal Counsel, Suzana Atan, acting for the EC.
The EC has set nomination for the by-election on Jan 12, early voting on Jan 22 and polling on Jan 26. – Bernama