EC must be informed if Pas candidate doesn't file an appeal

SHAH ALAM - Dewan Rakyat Speaker Tan Sri Johari Abdul needs to inform the Election Commission (EC) about the vacant Kuala Terengganu parliamentary seat if it is true that Pas candidate has decided not to submit an appeal after its victory was nullified.

Election analyst Dr G Manimaran said this was important to enable the commission to take the necessary steps, including holding by-elections.

"Under Section 36A of the Election Offences Act, if no appeal is filed in the Federal Court and notified to the EC, a by-election must be held to fill the vacancy.

"It is also in line with Article 54 (1) of the Federal Constitution that the EC will fill the vacant seat within 60 days from the date the vacancy is determined by the EC.

"However, if there is an appeal, the appeal will be heard by the Federal Court within six months," he said.

He said this following Pas secretary general Datuk Seri Takiyuddin Hassan's comments, who was reported as saying that Pas decided not to appeal the election court's decision that nullified the party's candidate's victory in Kuala Terengganu.

Takiyuddin explained that the decision was made considering the fate of the people.

Manimaran was also of the view that Pas' decision not to appeal was made to save costs.

Apart from that, he said that Pas is also seen as confident of winning, considering the support that they have obtained in the 15th general election (GE15).

"The Kuala Terengganu case is like the Cameron Highlands case when BN candidate Datuk C Sivarraajh did not submit an appeal when the Election Court invalidated his victory Nov 20, 2018," he said.

On June 27, the Terengganu Election Court received a petition filed by a BN candidate to nullify the victory of Pas candidate Datuk Ahmad Amzad Hashim in the 15th General Election (GE15).

The decision was made by Judge Datuk Seri Mohd Firuz Jaffril after finding that there was corruption in the election campaign for Parliament.