Tuaran MP keeps seat after court dismisses petition
23 March 2023
By Wartawan Nabalu News
KOTA KINABALU: The Election Court in Kota Kinabalu has dismissed an election petition filed by PBS information chief Datuk Joniston Bangkuai against Pakatan Harapan’s Tuaran MP Datuk Seri Wilfred Madius Tangau.
The court ruled that Madius was duly elected as Tuaran MP in the 15th General Election (GE15).
The decision was made by High Court judge Dr Alwi Abdul Wahab via a zoom hearing on Thursday.
He allowed Madius’ application and the preliminary objections raised by two other respondents, namely Tuaran Returning Officer and the Election Commission.
Counsel Nelson Angang who represented Madius, said "The judge struck out the election petition with costs RM20,000 for the first respondent and another RM20,000 for the second and third respondents jointly.
"Both the first respondent's application to strike out the petition and the second and third respondents' preliminary objections were allowed”
"The judge also held that since the petition had been struck out, the first respondent (Madius) has been duly elected as a member of the parliament of the parliamentary constituency of Tuaran," he said, according to New Straits Times report.
Joniston, who is also Kiulu assemblyman, contested the Tuaran seat on the Gabungan Rakyat Sabah ticket in GE15. He lost to Madius, who is the president of United Kinabalu Progressive Organisation (UPKO), by a slim margin of 233 votes.
He filed an election petition on Jan 4 this year, seeking to declare Madius not duly elected as Tuaran MP and that the election was void. He claimed that there were irregularities and discrepancies in the electoral process.
Madius was represented by counsel Nelson Angang, Chua Kuan E and Arthur Borine. Joniston was represented by counsel Datuk Tengku Ahmad Fuad Burhanuddin and Wilson Chang. Senior Federal Counsel Andi Razalijaya A. Dadi and Norfauzani Mohd Nordin together with Federal Counsel Safiyyah Omar and Mohd Ashraf Abd Hamid acted for the second and third respondents.