PUTRAJAYA: The Federal Court here Tuesday (16 Sept) ruled that the Sanglang state seat in Perlis won by Abdullah Hassan of the Barisan Nasional(BN), which has been vacant for three months, be given to PAS candidate Hashim Jasin.
In allowing Hashim's appeal, Chief Judge of Malaya Tan Sri Alaudin Mohd Sheriff and the Federal Court judges Datuk Arifin Zakaria and Datuk Zulkefli Ahmad Makinudin unanimously held Hashim to be duly elected as Sanglang state assemblyman.
On 18 June, the Kangar High Court declared the Sanglang state seat won by Abdullah in the March 8 general election vacant after quashing the petition by Hashim, the Perlis PAS commissioner, who sought a declaration that he was the victorious candidate for the seat.
Election judge Justice Datuk Zainal Adzam Abdul Ghani made the order after ruling that the court had no jurisdiction to declare Hashim as the assemblyman for the seat as Section 35(c) of the Election Offences Act 1954, which empowers the Election Court to make such declarations, was abolished in 2003.
He said the court left it to the Election Commission to decide whether a by-election should be held and when to hold it.
Hashim, who named Abdullah, returning officer for the Arau parliamentary seat Muhamad Daud Abdull Hamid and the Election Commission as the respondents, then appealed to the Federal Court.
Abdullah had won the seat with a 149-vote majority after polling 3,384 votes against Hashim's 3,235 votes int he general election. (Bernama)