SEREMBAN – The election court here today allowed Barisan Nasional (BN) candidate Tan Sri M. Ramasamy’s application to withdraw the election petition he filed over the results of the Segamat parliamentary seat in the 15th general election (GE15).
Judge Datin Rohani Ismail made the ruling after hearing the submission of Ramasamy’s lawyer Tan Sri Muhammad Shafee Abdullah, who told the court that all the respondents had agreed not to proceed with the petition.
The respondents named in the petition were Segamat MP R. Yuneswaran, the returning officer and the Election Commission.
Rohani was satisfied after all parties, namely lawyer Lau Yi Leong representing Yuneswaran and senior federal counsel Nur Irmawatie Daud and Noridayu Md Kassim, who represented the returning officer and EC respectively, agreed with Shafee’s submission.
“Since all parties have agreed, the court hereby allows the election petition to be struck out, with no order as to costs,” she said.
In GE15 held in November last year, Pakatan Harapan candidate Yuneswaran won the seat with a 5,669-vote majority, defeating MIC treasurer Ramasamy, P. Poobalan of Perikatan Nasional and Syed Hairoul Faizey of Pejuang.
In his petition, Ramasamy, among other things, sought the nullification of the Segamat seat result and a declaration that Yuneswaran was not elected the constituency’s MP.
Election court judge Mohd Radzi Abdul Hamid had rejected Ramasamy’s petition after receiving preliminary objections from the respondents (Yuneswaran, the returning officer and the EC) that his petition was defective as it did not fulfil the requirements of the Election Offences Act and Election Petition Regulations.
Shafee, when met by reporters after today’s judgment, said the application was made because both parties were now in the same government.
“Today, an application was made to withdraw the petition filed by Ramasamy. As we know, this petition began in the election court but the Federal Court has agreed for the petition to go to full trial.
“However, both parties are now together in a unity government, so it’s a bit difficult,” he said.
Ramasamy said there was no point fighting over the matter as both are now in the unity government.
“That’s why I withdrew the petition. I am prepared to cooperate with the unity government under the leadership of Prime Minister Datuk Seri Anwar Ibrahim,” he said.
Lau said the court’s decision today meant that the case would not proceed and the position of Yuneswaran as MP would not be affected. – November 8, 2023