GEORGE TOWN: The Penang High Court, today, dismissed an application by independent candidate G Asoghan to nullify the election of A Tanasekharan as Bagan Dalam state assemblyman at the May, 2013 General Election.
In delivering her judgment, High Court Judge Nurmala Salim also ordered Asoghan, formerly a DAP branch leader, to pay RM15,000 to the Election Commission and RM4,000 Tanasekharan in costs.
The judge dismissed Asoghan’s application on grounds of being frivolous and vexatious, hence allowing the application by the EC to strike out the suit.
On July 29 last year, Asoghan filed the application seeking a High Court order to nullify the election of Tanasekharan as Bagan Dalam during the 13th general election held on May 5, last year.
He sought the order on the ground that Tanasekharan misrepresented himself as a DAP candidate.
Asoghan, who was one of four contenders for Bagan Dalam state seat in the election, had asked the court to order a fresh election for the constituency.
He sought the court to declare that Tanasekharan was not eligible to run for election as a DAP candidate or to use the party’s symbol because the letter authorising (surat watikah) him to do so was signed by Lim Guan Eng who, he argued, had no legitimacy as the party’s secretary-general.
The legitimacy of DAP’s entire central executive committee (CEC) came under question following the party’s admission that the internal polls held in December 2012 was faulty.
Asoghan’s suit named Tanasekharan as first defendant and the EC Secretary as second defendant.
Nurmala concurred with contentions by the EC and Tanasekharan that the person (Lim) who signed the letter of consent authorising Tanasekharan to contest on DAP ticket “had the authority to do so.”
She said that even though the 2010 DAP polls was still not recognised, the previous 2008 CEC election was valid, thus making the secretary-general eligible to sign the letter of consent.
Asoghan’s counsel V Amareson said his client would appeal against the decision.
“We believe we have strong grounds to challenge it (decision),” he told FMT when contacted.
EC counsel was Nik Mohd Noor Nik Kar while Tanasekharan represented himself.
In the general election, Tanasekharan received 10,253 votes to win the seat for a second term defeating Barisan Nasional’s M Karuppan who got 5,092 votes.
Parti Cinta Malaysia’s Lim Seang Teik garnered 76 and Asoghan got only 25 votes.
Both lost their election deposits.
This is the second time in as many months, Asoghan had lost his political suits.
Last month, the Sessions Court here dismissed his application for an order to nullify his expulsion from the DAP.
Sessions Court Judge Mahmud Abdullah ruled that the court had no power to decide on the matter and ordered Asoghan to pay the DAP RM3,000 in costs.
Asoghan was the party Jalan Bagan Luar branch chairman when he was sacked in April last year.
