Malaysian Indian minister appeals against being unseated

September 12th, 2008 - 1:51 pm ICT by IANS  

Kuala Lumpur, Sep 12 (IANS) Malaysian Indian minister Joseph Kurup has filed an appeal in the Federal Court challenging a High Court decision declaring his victory in the Pensiangan parliamentary constituency null and void.The deputy rural and regional development minister’s appeal, filed by counsel Alexander Decena, seeks to maintain his uncontested win in the parliamentary election in March and reverse the Election Court’s decision on Monday.

Kurup said he hoped the Federal Court would consider the grounds his lawyers had set forth in the appeal.

The High Court decision followed a petition filed to nullify Kurup’s victory by the opposition Parti Keadilan Rakyat candidate Danny Anthony Andipai, who was disqualified on grounds that he had submitted his nomination papers late on Feb 24.

In his decision, judge David Wong Dak Wah held that returning officer Bubudan O.T. Majalu had erred in overturning the state Election Commission deputy director’s decision to accept Andipai’s nomination papers.

Majalu had also rejected the nomination papers of two others, the New Straits Times said Friday.

The judge had also ruled that the objections against Andipai’s nomination papers were invalid as wrong objection forms were used, the objector’s signature was missing, there were several authors to the objection forms and there were no written records as to when Bubudan received the objections.

The Election Court’s decision can be appealed in the Federal Court as per Malaysian Constitution, which has to dispose of the case within 60 days of the appeal being filed.

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