Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Time limits for election petitions
  • 2 May 2023

    ABDUL HAKIM BIN ABDUL WAHID Mas Ermieyati Binti Samsudin

    Citation
    01(i)-4-02/2023(M) (Mahkamah Persekutuan)
    Court
    i
    Case number
    01(i)-4-02/2023(M) (Mahkamah Persekutuan)

    The Federal Court held the proviso in s38(1) EOA applies only to corrupt acts occurring since the date of publication of the election result in the Gazette and must be read with the section; petitions filed within 21 days of Gazette publication were timely. Further, the Masjid Tanah petition pleaded sufficient brief facts to constitute causes of action for bribery (s10 EOA) and treating (s8 EOA) including time, place, actors and identified recipients, and the agency allegations were adequate for pleadings; the Kemaman petition was sufficient in respect of specified ceremonies except for certa…