Tuesday, September 9, 2008

KK HIGH COURT DECLARES KURUP'S VICTORY IN PENSIANGAN NULL AND VOID

KOTA KINABALU, Sept 8 (Bernama) -- The High Court here Monday declared null and void the election of Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup as the unopposed winner of the Pensiangan parliamentary seat in the March 8 general election.

In delivering the landmark judgment, Justice David Wong Dak Wah ruled that the wrongful rejection of the nomination papers of the petitioner, Parti Keadilan Rakyat's Danny Anthony Andipai, had breached the petitioner's constitutional right to take part in the election and the written law relating to the conduct of the election.

In his 36-page judgment, Wong said the decision of the deputy director of the Sabah Election Commission to accept Andipai's nomination papers was final and could not be overruled by the returning officer, Bubudan OT Majalu, under the pretext that there was an objection during the objection period.

The deputy director was exercising a power provided for by law in making the decision, said the judge who also ruled that Bubudan's decision to uphold the objection was a wrong decision. - BERNAMA

More:http://www.bernama.com/bernama/v5/newsindex.php?id=357824

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