The Election Court in Melaka has upheld the victory of Datuk Mas Ermieyati Samsudin as the Masjid Tanah MP in the 15th General Election (GE15) last year.
Judge Abu Bakar Katar dismissed the petition filed by Barisan Nasional candidate Abdul Hakim Abdul Wahid to invalidate the victory of the Perikatan Nasional candidate. He ruled that the petitioner failed to provide evidence of corrupt practices during the GE15 campaign.
In January, Abdul Hakim filed an election petition, alleging corrupt practices such as monetary inducements and feasts to attract voters in GE15.
The court ordered Abdul Hakim to pay RM50,000 in costs to Mas Ermieyati as the respondent.
In his judgment, Justice Abu Bakar stated that the petitioner relied on two main allegations: bribery by the respondent’s agent on polling day and a feast held on December 3, 2022.
He added, “This court understands that it does not need to take an excessively rigid approach, to the extent of impeding the intention of the law to uphold the integrity of the election process.”
The court also found no evidence that the respondent had knowledge of or authorized Bersatu Armada chairman Akmal Zahin Zainal Zahir to appear at the premises and offer bribes, if proven. There was also no proof that Akmal Zahin actively or openly participated in the campaign at Masjid Tanah to secure the victory of the respondent.
“Based on the court’s reasoning, the petitioner failed to prove beyond reasonable doubt that the respondent or her agent engaged in the alleged bribery or feast described in the election petition, which would justify annulling the respondent’s victory in Masjid Tanah,” Justice Abu Bakar stated.
He further mentioned that as per Section 36(1) of the Election Offences Act 1954, the court concluded that the respondent had been duly elected as the Masjid Tanah MP in GE15.
A total of 28 witnesses testified during the 13-day trial, with three witnesses appearing on behalf of the respondent, including Mas Ermieyati. The petitioner presented 10 witnesses.
PAS secretary-general Datuk Seri Takiyuddin Hassan, who led the respondent’s legal team, expressed gratitude for the decision.
The petitioner was represented by lawyer Datuk Mohd Hafarizam Harun.
On May 2, the Federal Court directed the election petition for the Masjid Tanah parliamentary constituency to be returned to the High Court for a full hearing following Abdul Hakim’s appeal.
Abdul Hakim appealed against the decision of the Election Court, which invalidated his election petition seeking to nullify Mas Ermieyati’s victory as the Masjid Tanah Bersatu head.
In GE15, Mas Ermieyati secured a victory with a majority of 4,411 votes in a four-cornered contest, receiving 25,604 votes. Abdul Hakim obtained 21,193 votes, Muda candidate Mutalib Uthman secured 7,445 votes, and Pejuang candidate Handrawirawan Abu Bakar earned 507 votes.
