July 28 hearing for Ramasamy's appeal against dismissal of election petition

The Federal Court has set July 28 to hear Barisan Nasional (BN) candidate M Ramasamy's appeal to challenge the 15th general election (GE15) results for the Segamat parliamentary constituency seat.

The court registry had notified the lawyers representing Ramasamy, Pakatan Harapan candidate R Yuneswaran, the returning officer for the Segamat parliamentary constituency and the election commission respectively of the hearing date via a letter dated May 22.

Ramasamy is appealing against the April 3 Muar High Court decision to dismiss his election petition.

Ramasamy, who is MIC treasurer, stood as a candidate for BN for the Segamat parliamentary constituency in GE15.

Yuneswaran won the seat with a majority of 5,669 votes in November last year and was declared the elected MP for that constituency, defeating Ramasamy, Perikatan Nasional's P Poobalan and Pejuang's Syed Hairoul Faizey.
 
In his petition, Ramasamy sought, among others, a declaration that the parliamentary election for the Segamat constituency was void and a declaration that Yuneswaran was not duly elected as MP.

He named Yuneswaran, the returning officer and the Election Commission as respondents.

In his grounds of judgment, High Court judge Mohd Radzi Abdul Hamid said there was non-compliance with the requirements of the Election Offences Act and the Election Petition Rules.

He said a petition should not be based on inferences and presumptions but on actual and material facts, adding that Ramasamy's petition lacked material facts that were clear and precise.

Mohd Radzi had accepted the preliminary objection by the respondents which was raised in their bid to get Ramasamy's petition dismissed.

Among the preliminary objection raised by the respondents included that Ramasamy failed to comply with Rule 15(4) of the Election Petition Rules 1954 pertaining to the particulars of his (Ramasamy's) affidavit of service and his failure to comply with the election petition rules regarding the facts pleaded in his petition which was incapable of sustaining the declarations sought.