Ahmad Jais Otong (left) and Yakubah Khan.
KOTA KINABALU: The Election Court here today struck out with costs an election petition filed by Parti Warisan Sabah candidate Ahmad Jais Otong for N.16 Karambunai challenging the victory of Barisan Nasional (BN) Datuk Yakubah Khan in the recent state snap election.
Justice Azhahari Kamal Ramli made the decision after allowing a preliminary objection raised by Yakubah, who is now State Minister of Science, Technology and Innovation, to strike the petition.
In his reserved verdict which was delivered in an open court via Zoom meeting, the judge also ordered the petitioner to pay RM20,000 cost to Yakubah and RM15,000 to the returning officer (RO) of the said constituency and Election Comission (EC).
Ahmad Jais had filed the petition on October 20 naming Yakubah, RO and the EC as first, second and third respondents respectively.
In his petition, Ahmad Jais, among others stated that the RO allegedly failed to conduct the said election and the EC allegedly failed to ensure the RO conducted the said election in accordance to the principles of fairness as provided under Section 5 (1) (a) of the Election act 1958.
Apart from that, the EC also allegedly failed to ensure, inter alia, that the result of the said election was fair and accurate by allegedly contravening several regulations under the Election (Conduct of Elections) Regulations 1981.
The petitioner humbly prayed from the court a determination and/or declaration that Yakubah was allegedly not duly elected as a member of the State Legislative Assembly for Karambunai.
The petitioner further sought from court a determination and/or declaration that the said election held on September 26 was allegedly void.
Apart from that, the petitioner also asked a certificate under Section 36 of the Election Offences Act 1954 be issued, costs and other orders and directions as the court deemed fit to make.
Ahmad Jais represented by counsel Jaikol Situn while counsel Rizwandean Bukhari M Borhan, Saiful Azian Moktar, Reduan Aklee, Faizal Sarbi and Azhier Farhan Arisin represented Yakubah and senior federal counsels Azizan Arshad and Iznan Ishak acted for the RO and EC.
During the snap election, Ahmad Jais lost to Yakubah with slim majority of 16 votes. Ahmad Jais garnered 5,164 votes while Yakubah obtained 5,180 votes in a six-cornered battle with PCS, USNO, PGRS and LDP.
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