KUALA LUMPUR – PAS will not be filing an appeal against the Election Court’s decision to annul its candidate’s win in the Kemaman parliamentary seat during the 15th general election (GE15).
In a statement today, PAS secretary-general Datuk Seri Takiyuddin Hassan said the party made the decision after the online case management presided by judge Datuk Anselm Charles Fernandis earlier today.
Takiyuddin said the judge had referenced the court’s decision to nullify the victory by PAS’ Ahmad Amzad Hashim in the Kuala Terengganu parliamentary seat during GE15 over allegations of vote-buying.
“The decision by the judge in the Kemaman petition was the same as with the Kuala Terengganu petition. (Anselm said) that (his) verdict for the Terengganu case is that there were elements of bribery during the elections. However, (the judge) did not name any party.
“PAS is prepared to take further steps based on decisions to be made by the Election Commission (EC) following the court’s verdict.”
Previously, PAS spiritual adviser Datuk Hashim Jasin had urged the party to not appeal the court’s decision as the welfare of the people might be sidelined without an MP as the case plays out in court.
On September 26, Anselm allowed the petition filed by a voter known as Wan Mohamad Hisham Wan Abdul Jalil to nullify the victory garnered by PAS candidate Che Alias Hamid in the Kemaman parliamentary constituency.
Besides ordering the respondent to pay RM30,000 to the petitioner, Anselm also ruled that corruption was committed with the knowledge of the respondent.
“(If it was a state government’s initiative) I considered that after the election it could still happen, but it happened a few days before the general election. All politicians should know the effect.
“No doubt the state government still existed during that time (because the GE and state election were held separately) but that did not mean that the kind of programmes (fund distribution) should be held so close to the GE date,” Anselm said when reading out his judgement.
The official programme said to be organised by the Terengganu government included the Bantuan i-Belia and i-Siswa and contributions for the disabled and asnaf (tithe recipients).
Che Alias won the seat with a 65,714 majority, beating Barisan Nasional’s Datuk Seri Ahmad Said, Pakatan Harapan’s Hasuni Sudin, and Pejuang’s Rosli Ab Ghani. – October 3, 2023