DAILY EXPRESS NEWS
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Kota Kinabalu: Two election petitions were filed in the High Court, Wednesday, each seeking a declaration that the election of Parti Bersatu Rakyat Sabah (PBRS) President Tan Sri Joseph Kurup, as Member of Parliament of Pensiangan, is null and void.
The first was filed by Parti Keadilan Rakyat (PKR) candidate for the Pensiangan, Danny Anthony Andipai, 41, while the second by Independent candidate Saineh Usau.
Andipai named named Kurup and Returning Officer Bubudan OT Majalu as the first and second respondents, respectively, while Usau named the State Election Officer, Bubudan, and Kurup as the first, second and third respondents, respectively.
Andipai, accompanied by his lawyer Haji Ansari Abdullah, filed his petition at the High Court registry here at 3.07pm while Usau through his lawyer Arthur Bonnie at 4.30pm.
On nomination day March 24, this year, the candidacies of both petitioners were rejected by Bubudan who then announced and declared that Kurup won the seat uncontested.
Kurup was on March 18, this year sworn-in before the yang DiPertuan Agong as Federal Deputy Rural and Regional Development Deputy Minister.
Andipai, in his petition, said he arrived at the Nabawan District Council Hall, which was the nomination centre for the Pensiangan parliamentary constituency as well as for the Sook and Nabawan State constituencies, at 9.35am.
After giving his personal details together with his proposer and seconder to the police at a counter in front of the entrance of the Hall, they proceeded into the nomination centre and was given a piece of paper bearing number 10.
Andipai further stated that he paid his RM10,000 election deposit as well as RM5,000 required as deposit for campaign materials which were both duly acknowledged by receipts.
He wanted to submit his nomination papers but the Returning Officer was busy attending to a candidate Fatimah Agitor. In the meantime Usau and PKR candidate for Sook, Paul Gitang, arrived.
Andipai further claimed that at 9.55am, one of the Election Commission officers closed and locked the entrance of the nomination centre and thereafter asked him to submit his nomination papers. He claimed that the Returning Officer refused to accept his nomination papers saying that acceptance nomination had been closed.
Andipai stated that he contacted Haji Ansari who advised him to lodge a police report at the police counter which he wanted to do but was stopped by Assistant Returning Officer Osman Aganduk.
He claimed that Osman told him not to lodge a report, saying he (Osman) had called the Election Commission who purportedly inform him that he (Andipai) could file his nomination papers.
He said after accepting his nomination papers and that of Gitang and Usau, the Returning Officer posted all three nomination papers for objection.
Andipai said when the objection period was closed at 11am, the Returning Officer announced that Kurup was returned unopposed as the nomination papers and that of Usau's were rejected.
He claimed he was never informed of any objection to his nomination papers nor was he given any reason by the Returning Officer of rejecting his papers.
Andipai claimed the Returning Officer had planned to make available only one counter for delivery of nomination papers for the Pensiangan, Sook and Nabawan constituencies in order to prevent the timely delivery of nomination papers of other candidates to enable Kurup to win unopposed.
Meanwhile, Usau claimed he was never late in submitting his nomination papers, having been accepted and pasted on the notice board during the objection period.
He said he complied with all the requirements and that his nomination papers were handed over and acknowledged received by the Returning Officer.
He also claimed there was no objection received from any other candidate against his nomination papers.
Usau said after objection period was over, his candidacy and that of Andipai's were rejected by the Returning Officer who went on to declare Kurup winning the Pensiangan MP seat unopposed.
Andipai and Usau are contending that the Returning Officer had not conducted the election in accordance with the principles laid down under the provision under the Election Act, 1958 and the Elections (Conduct of Election) Regulations, 1981.
Andipai and Usau are now praying for the court to declare the election of Kurup be declared null and void and that they may have such further or other relief as maybe just and costs for their counsels.
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