Defeated PKR candidate Datuk Zaid Ibrahim today filed an election petition to declare the Hulu Selangor by-election void, alleging bribery by rival Barisan Nasional.
The petition was filed at the Shah Alam High Court registry, under Section 32(a) and 32(c) of the Election Offences Act 1954.
The petition identified five instances of alleged corruption, including the allocation of RM3 million to SJK(C) Rasa and next-of-kin payments to Sungai Buaya Felda settlers in the run-up to the April 25 by-election.
Zaid lost by 1,725 votes to MIC public relations chief P. Kamalanathan, who recaptured the BN stronghold that was lost by 198 votes in Election 2008.
“As I said before, the actions of this country’s political leaders... have to follow the requirements of the law and this is the best chance for us to determine whether or not... a prime minister can make promises during an election campaign period,” Zaid said.
“The court will determine that question. That’s the purpose of this petition.”
He alleged that bribery also took place in Sibu after Hulu Selangor, and added that since the Malaysian Anti-Corruption Commission (MACC) is now investigating promises BN made in Sibu, it should also look into Hulu Selangor.
“Section 32(a) deals with general bribery, general treating or general intimidation in election. 32(c) deals with corrupt practice or illegal practice committed in connection with the election of a particular candidate,” said lawyer Malik Imtiaz Sarwar, who is representing Zaid.
“If the court finds that there has been such practice then the High Court can actually declare the election void, which would of course mean that there’s no candidate there.”
Malik Imtiaz said that the petition states that BN candidate and eventual winner, P. Kamalanathan, was aware of the alleged bribery.
“[He] knew that certain things were happening and, in effect, took benefit of those things that happened.”
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Defeated PKR candidate Datuk Zaid Ibrahim filed an election petition with the Shah
Alam High Court on Monday to have the recent Hulu Selangor by-election declared null and void.
On April 28, he had said that he had the necessary evidence to prove that Barisan Nasional was involved in "blatant" bribery.
"Every citizen has a fundamental right to vote. But this right is meaningless if he is not able to exercise it because his name is removed from the electoral roll without his knowledge, or if he is intimidated, or bribed or given all kinds of inducements to influence his choice.
"In the recent Hulu Selangor by-election, we witnessed all of the above. We have witnesses who will come forward with the necessary evidence of blatant bribery," he had said.
Zaid had said then that his legal team would file the petition in two weeks but filed it only on Monday.
"My lawyers will look at the evidence and furnish all that is necessary," he had said.
The PKR central leadership council member had also said he would also sue the Election Commission (EC) for breaching its constitutional duty, and Utusan Malaysia for defamation.
Zaid had said EC had violated its constitutional duty by allowing intimidation, false information, and unfair and illegal electoral practices by the Barisan machinery without trying to stop them.
On the defamation suit against Utusan, Zaid had said, "I just want a dollar", as he wanted to clear his name over a article the daily had published, labelling him "an alcoholic."
Zaid lost the April 25 parliamentary by-election to Barisan's P. Kamalanathan by more than 1,700 votes.
