KHAIRUDDIN BIN ABU HASSAN v 1. ) DATUK SERI HAJI AHMAD HAMZAH 2. ) RETURNING OFFICER FOR PARLIAMENTARY SEAT P139 JASIN MALACCA ZAMRUD BIN YAHYA 3. ) MALAYSIAN ELECTION COMMISSION

no-01i-35-10-2018w Federal Court (Mahkamah Persekutuan) 17 February 2019 • NO: 01(i)-35-10/2018(W)

Catchwords

Election petition - Appeal - Appeal on the decision of election judge - the High Court dismissed petitioner’s preliminary objection and allowed the first respondent’s preliminary objection - petitioner appealed on the dismissal of his preliminary objection (Appeal No. 35) - the petitioner’s appeal on the decision of election judge upholding the first respondent’s preliminary objection (Appeal No. 40) - whether the election judge misinterpreted Article 118 of the Federal Constitution - jurisdiction under Article 121 of the Federal Constitution or Section 3 of the Courts of Judicature Act - Whether the election judge has erred in deciding that Rule 9 of the Election Petition Rules does not applicable to respondent - Whether the petition had complied with Rules 4(1)(b) and 4(4) of the Election Petition Rules

Practice Areas

Election petition

Judges (5)

Alizatul Khair binti Osman Khairuddin Coram Panglima David Wong Dak Wah Coram Panglima Richard Malanjum Delivered Rohana binti Yusuf Coram Tengku Maimun binti Tuan Mat Coram

Parties (4)

MALAYSIAN ELECTION COMMISSION Respondent Datuk Seri Haji Ahmad Hamzah Respondent Khairuddin bin Abu Hassan Appellant Returning Officer For Parliamentary Seat P139 Jasin Malacca Zamrud bin Yahya Respondent

Case Significance

KHAIRUDDIN BIN ABU HASSAN v 1. ) DATUK SERI HAJI AHMAD HAMZAH 2. ) RETURNING ... is a Federal Court (Mahkamah Persekutuan) decision dated February 17, 2019 (citation: no-01i-35-10-2018w). The panel comprised Alizatul Khair binti Osman Khairuddin, Panglima David Wong Dak Wah, Panglima Richard Malanjum, Rohana binti Yusuf and Tengku Maimun binti Tuan Mat, with Panglima Richard Malanjum delivering the judgment.

What was the outcome of KHAIRUDDIN BIN ABU HASSAN v 1. ) DATUK SERI HAJI AHMAD HAMZAH 2. ) RETURNING ...?

KHAIRUDDIN BIN ABU HASSAN v 1. ) DATUK SERI HAJI AHMAD HAMZAH 2. ) RETURNING ... is a Federal Court decision dated February 17, 2019. The case was heard by Alizatul Khair binti Osman Khairuddin. See the full judgment for details.