Anifah to apply for stay order in Kimanis by-election

KOTA KINABALU: Datuk Seri Anifah Aman's counsel will be applying for an urgent stay order to prevent Election Commission from holding the by-election for Kimanis parliamentary seat.

"Yes. We will be applying for an urgent stay (for the by-election)," said Anifah's new lead counsel Tengku Ahmad Fuad in response to a press statement from House of Representatives that the Kimanis seat is vacant starting tomorrow.

The House Speaker Tan Sri Datuk Mohamad Ariff Md Yusof had also said that the announcement was made following the Election Commission receiving notification from the Apex Court that Kimanis seat won by the four-term Anifah was null and void.

The Commission therefore will hold a by-election to fill the position the latest by Feb 8 next year, which is within 60 days from tomorrow.

Earlier, Tengku Fuad had said that Anifah would be filing an application this week for revision of the Federal Court’s decision on Dec 2 in upholding the Election Court's ruling declaring the seat null and void.

The election petition was filed by Parti Warisan Sabah's candidate Datuk Karim Bujang during 14th General Election.

In his application for revision under Rule 137 of the Federal Court Rules, Anifah will contend that the Federal Court quorum which heard his appeal was tainted with bias.

Tengku Fuad also said that the actual bias or the risk of it would have caused the hearing on Dec 2 to be miscarried.

"This is because four of the five judges who heard Anifah’s appeal had also presided over and heard Karim’s previous appeal to the Federal Court on the same Election petition.

"Thus, to avoid actual bias or a real risk of bias, a fresh quorum of judges should have heard Anifah’s appeal," he said, adding he was now replacing Anifah's former counsel Ansari Abdullah.

Previously, the Federal Court had allowed Karim’s appeal against the striking out of his Election Petition and ordered a full trial in the Election Court.

Tengku Fuad added that the law, facts and arguments in both of the Kimanis Federal Court appeals were substantially similar.

Karim's appeal on Feb 18 was heard before Tan Sri David Wong Dak Wah, Datuk Alizatul Khair Osman Khairuddin, Datuk Rohana Yusof, Tan Sri Tengku Maimun Tuan Mat and Datuk Nallini Pathmanathan.

As for Anifah's case, the panel consists of Wong, Maimun, Rohana, Nallini and Tan Sri Azahar Mohamed.

As for the reports that Anifah is suing Election Commission, Tengku Fuad said there was no instruction for that.

“I have only been instructed to file a Rule 137 application for revision of the Federal Court’s decision.

"As far as I know I am not instructed to sue the Election Commission,” he said.

The Kimanis parliamentary seat fell vacant when the Election Court found discrepancies in the voting process caused by the Commission's incompetence of personnel.

In GE14, Anifah, a four-term Kimanis member of Parliament, retained the seat with a 156-vote majority in a three-cornered fight, securing 11,942 votes against Karim, who gained 11,768 votes and Pakatan Harapan's Jaafar Ismail, who garnered 1,300 votes.