KOTA KINABALU, March 15 — The Election Court today struck out Parti Kesejahteraan Demokratik Masyarakat president Datuk Peter Anthony’s election petition against Tenom MP Reduan Rubin Balang for failing to prove there was any breach of procedure.
“The judge said Peter had failed to provide sufficient facts and particulars to support his allegations that there was a breach of election law,” said counsel for Reduan Tengku Datuk Fuad Ahmad. Fuad argued that Article 48 applies immediately upon conviction and that a person remains disqualified until and unless the conviction is overturned on appeal.
Senior Federal Counsel Donald Joseph Franklin, acting for the returning officer and the Election Commission , also argued that the Indian Supreme Court cases cited by Ansari were irrelevant because they were based on the Indian Constitution which does not contain any provisions that are identical or similar to Article 48 of the Federal Constitution.
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