The Kuala Lumpur Election Court has ruled PKR vice-president Tian Chua to have been duly elected in the May 5 general election.

In striking out the petition filed by Gerakan Youth secretary-general Dr Dominic Lau, Justice Zabariah Mohd Yusof ruled the BN petition to be defective.

“The court allows the preliminary objection raised by the first respondent.”

Justice Zabariah ruled that among the grounds for the court rejecting Lau's petition was that the petition was filed through a different lawyer and not authorised by Lau. The application should be struck out on this ground alone.

“There was no proper service of the election petition pursuant to the Election Petition Regulations. The petition is therefore defective based on this ground,” she said.

Justice Zabariah, on clarifying the Batu case later today, said the court also considered the application to refer the matter of Tian Chua's fine to the Federal Court as struck off.

Senior federal counsel Amarjeet Singh, representing the Election Commission (EC), did not apply for costs against BN. This resulted in an argument between Amarjeet and lawyer Edmund Bon, who appeared for the PKR vice-president.

In the end, Justice Zabariah ordered Lau to pay costs of RM50,000 to Tian Chua.

"As the whole petition had been struck off, the application is also struck off unless you (Lau) want to appeal on the matter.

"Then you take it there (Federal Court)," she said

Titiwangsa struck off

Earlier, Justice Zabariah ruled that the Titiwangsa parliamentary seat to have been retained by BN after she allowed the preliminary objection raised by the BN.

She ruled that one of the grounds raised on the indelible ink being able to be washed off and the subsequent 30 police reports lodged on this were facts that could not be supported for non-compliance of any written law.

On claims of alleged corruption, the judge ruled that the petitioner failed to provide particulars of the BN workers giving out the RM50, mineral water and packets of food, or whether the voters were induced or influenced by the alleged act.

“The consequence of such failures renders the petition defective,” she ruled.

On this loss, the senior federal counsel Alice Loke applied for costs of RM50,000 from the PAS candidate, Ahmad Zamri Asa'ad Khuzaimi, while BN counsel Mohd Hafarizam Harun applied for RM30,000.

In the end, Justice Zabariah awarded RM40,000 as costs to be paid by Ahmad Zamri to the Election Commission and RM30,000 to the BN candidate who won the election, Johari Abdul Ghani.

Lembah Pantai: BN wants EC out of petition

The judge also heard the Lembah Pantai election petition which was filed by Mohd Sazali Kamilan, in which counsel Hafarizam applied to strike the EC and its returning officer off from the petition.

Hafarizam said his client was willing to pay RM5,000 as costs to the EC and also to the Lembah Pantai MP Nurul Izzah Anwar.

NONEBon (left), in raising a preliminary objection to the petition, said the BN candidate Raja Nong Chik Raja Zainal Abidin had failed to give particulars of  the Malaysiakini article based on a press conference by Nurul Izzah on a Bukit Kiara land matter that Raja Nong Chik alleged defamed him.

“Furthermore, Raja Nong Chik has also responded to the article and this was also reported in the news portal,” he said.

Therefore, on this ground alone Raja Nong Chik also failed to show how this article had resulted in unduly influencing the voters of Lembah Pantai, Bon said.

He further submitted that Raja Nong Chik was not the petitioner, as the petitioner was Sazali “and so we do not see why this issue is raised”.

Hafarizam provided to court three election petition cases in Kelantan, which will go on trial, as basis to show that there had been undue influence as a result of the Malaysiakini article.

Raja Nong Chik has since filed suits against Nurul Izzah and Malaysiakini.