Kota Kinabalu: Datuk Seri Madius Tangau of Upko, a component of Pakatan Harapan (PH), will get to keep the Tuaran parliamentary seat he won with a slim majority in the 15th General Election (GE15).
This was after the Election Court here struck out an election petition filed against him by Parti Bersatu Sabah (PBS) Information Chief Datuk Joniston Bangkuai who lost the tightly contested seat to Tangau.
High Court Judge Dr Alwi Abdul Wahab delivered the ruling through a virtual hearing, Thursday.
In the petition, Joniston, who is Kiulu Assemblyman, named Madius, the Returning Officer (RO) of the Tuaran constituency and Election Commission as the first, second and third respondents, respectively.
“In the light of my finding, I hold that the election petition filed against the first, second and third respondents in the instant case is defective, null and void and therefore ought to be struck off.
“Both the application and preliminary objections allowed in terms. I also determine that the first respondent has been duly elected as the Tuaran Member of Parliament,” held Alwi.
The judge ordered an RM20,000 cost to be awarded to Madius and RM20,000 to the second and third respondents jointly.
In the petition filed on Jan 4, Joniston was seeking a court order to declare that the first respondent was not duly elected as the MP for the constituency.
Joniston also sought from the court that the said election was void, costs and other orders and directions as the court deemed fit and proper.
He was represented by counsel Tengku Datuk Fuad and Wilson Chang Khai Sim, while Madius was represented by counsel Nelson Wences Angang, Chua Kuan E and Arthur Borine.
Senior Federal Counsel Andi Razalijaya A. Dadi and Norfauzani Mohd Nordin together with Federal Counsel Safiyyah Omar and Mohd Ashraf Abd Hamid represented the second and third respondents.
Madius won the seat with a 233-vote majority. Joniston garnered 24,710 votes against Tangau’s 24,943 in a six-cornered fight during GE15.
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