General & Misc

Court allows Sivarraajh to challenge EC Decision over Camerons By-Election

Date: 07 January 2019; Type: Industry Updates; Source: Bernama

KUALA LUMPUR, Jan 7 (Bernama) - The High Court today allowed an application by former Cameron Highlands MP Datuk C. Sivarraajh to initiate a judicial review to challenge the decision of the Election Commission (EC) prohibiting him from contesting in the Cameron Highlands by-election on Jan 26.

Sivarraajh’s counsel A. Vasanthi said Judge Datuk Nordin Hassan made the decision in chambers in the presence of Senior Federal Council S. Narkunavathy who acted for the EC, the respondent.

She said the court set Thursday to hear the judicial review application.

Meanwhile, Narkunavathy said the court dismissed an objection, raised by the EC that it was premature, on the grounds that the case had to be heard as there were issues to be decided upon.

Sivarraajh, 43, who is an MIC vice-president, filed the application on Dec 31 last year seeking a court order to quash the EC decision disallowing him to contest or vote in any election for five years from Dec 13, 2018.

He also sought a declaration that the report of the Election Court judge dated Dec 13, 2018, to the EC was invalid because it did not adhere to the provisions of Section 37(1)(a)(i) and (ii) of the Election Offences Act 1954.

The particular section refers to ‘whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, or by his agent, and the nature of such corrupt or illegal practice, if any; and the names and descriptions of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice’.

Sivarraajh also sought a declaration that the EC decision was invalid and suppressive against him, and claimed general and special damages.

The EC announced on Dec 28 that Sivarraajh was ineligible to contest the Cameron Highlands by-election. The Election Court had, on Nov 30 last year, annulled Sivarraajh’s victory in the constituency in the 14th general election after establishing that there was vote-buying during the election campaign. Sivarraajh did not appeal the decision.

The EC has set nomination for the by-election on Jan 12, early voting on Jan 22 and polling on Jan 26.

MY Bernama

Asean LIP works with Bernama to bring you the latest Malaysian legal news. Bernama is the national news agency of Malaysia. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or Bernama. Neither the Publishers nor Bernama will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and Bernama also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

Government plans to build New Shah Alam Court Complex - Liew

SHAH ALAM, Jun 24 (Bernama) - The government plans to build a new Court Complex in Shah Alam to replace the existing building, said Minister in the Prime Minister’s Department Datuk Liew Vui Keong.

Read More

INDUSTRY UPDATES

Niosh offers free needs Analyses for Sabah and Labuan Workplaces

KOTA KINABALU, Jun 24 (Bernama) - The National Institute of Occupational Safety and Health (NIOSH) stands ready to conduct free needs analyses of workplace safety for organisations in Sabah and the Federal Territory of Labuan, with the aim of identifying appropriate training required.

Read More

INDUSTRY UPDATES

Ministry launches Sexual Predation Awareness Campaign

PUTRAJAYA, Jun 24 (Bernama) - The Women, Family and Community Development Ministry today launched a sexual predation awareness campaign via digital medium Youtube.

Read More

INDUSTRY UPDATES

MyCC to focus Efforts on Monitoring Cement Industry

KUALA LUMPUR, Jun 19 (Bernama) - The Malaysia Competition Commission (MyCC) says it will focus its efforts on consistently monitoring the cement industry in order to complement the government’s initiative in protecting the welfare of consumers.

Read More

INDUSTRY UPDATES

Amended Code did not affect Conflict of Interest - Witness

KUALA LUMPUR, Jun 18 (Bernama) - The Code of Ethics for Administration Members and Members of Parliament was amended by the Cabinet in 2013 but did not affect the conflict of interest provision, according to a Cabinet former deputy secretary-general (Constitution and Communication).

Read More

INDUSTRY UPDATES

Court urges Johor PTG to meet Orang Asli to settle Compensation Issue

JOHOR BAHRU, Jun 18 (Bernama) - The High Court here today encouraged the state Land and Mines Office (PTG) to engage in discussions with the Seletar tribe Orang Asli of Kuala Masai with the aim of settling compensation due as a result of wrongful acquisition of their land in Stulang Laut.

Read More

INDUSTRY UPDATES

Ex-CJ speaks out against Lawyers' Tendency to seek Postponements

KUALA LUMPUR, Jun 16 (Bernama) - Former Chief Justice Tun Zaki Azmi has spoken out against the tendency by certain defence lawyers to seek postponements of cases being heard in court.

Read More

INDUSTRY UPDATES

RCI on Judicial Misconduct is what People Want - Dr Mahathir

PUTRAJAYA, Jun 5 (Bernama) - The government agreed to set up a Royal Commission of Inquiry (RCI) on judicial misconduct because this is what the people want, said Prime Minister Tun Dr Mahathir Mohamad.

Read More

INDUSTRY UPDATES

Complaints via Whatsapp: RTD issues More than 200 Notices

KUALA LUMPUR, June 3 (Bernama) - More than 200 notices have been issued by the Road Transport Department (RTD) as result of consumer complaints via the Whatsapp application during the three days enforcement operation, in conjunction with Adilfitri, which began on May 29.

Read More

INDUSTRY UPDATES

Online Trader benefits from Industrial Revolution 4.0

KOTA BHARU, Jun 2 (Bernama) - The Industry Revolution 4.0, which is occurring all over the world, has given huge benefit to online traders in marketing their products to consumers.

Read More

INDUSTRY UPDATES

Mohd Roze Shaari is New Intelligence/Operations Deputy Director

KUALA LUMPUR, June 1 (Bernama) - Bukit Aman's Criminal Investigation Department (CID) has a new Intelligence/Operations deputy director.

Read More

INDUSTRY UPDATES

Give Mandatory Counselling, Community Service Sessions to Road Bullies - MCPF

KUALA LUMPUR, May 31 (Bernama) - The Malaysian Crime Prevention Foundation (MCPF) has suggested that compulsory counselling and community service sessions be meted out to individuals detained for dangerous driving and road rage.

Read More

INDUSTRY UPDATES

Samirah allowed to be released on RM500,000 Bail pending Trial

PUTRAJAYA, May 28 (Bernama) - The Federal Court today allowed Samirah Muzaffar, the wife of the late Cradle Fund chief executive officer Nazrin Hassan to be released on bail of RM500,000 with two sureties pending her murder trial.

Read More

INDUSTRY UPDATES

Adib Inquest: Lawyer withdraws

SHAH ALAM, May 27 (Bernama) - The lawyer who represented the Housing and Local Government Ministry, Fire and Rescue Department and family of firefighter Muhammad Adib Mohd Kassim in the inquest into the latter's death withdrew from the case today.

Read More

INDUSTRY UPDATES

Sabah Syariah Court Complex 45 percent completed, ready by May 2020

KOTA KINABALU, May 27 (Bernama) - The new Kota Kinabalu Syariah Court Complex is 45 percent completed and is expected to be fully operational by May 2020, said Deputy Secretary-General (Senior) in the Prime Minister’s Department, Datuk Hasnol Zam Zam Ahmad.

Read More