Malaysiakini reports that, The Pensiangan parliamentary seat, won by Barisan Nasional's Joseph Kurup on March 8 general election, has been declared vacant by the Kota Kinabalu Election Court today.
Malaysiakini also noted that, The decision by High Court judge Justice David Wong Dak Wah could pave way for a by-election for this constituency which was won uncontested by Kurup.
Right to appeal the High Court decision
However recent amendments to the election laws allow Kurup to appeal the decision at the Federal Court.
The petition was filed by PKR's Danny Anthony Andipai, who was also a candidate for the seat. He had named Kurup, returning officer Bubudan OT Majalu and the Election Commission as respondents.
Kurup won the seat uncontested on Feb 24 nomination day after Andipai's candidacy was rejected after he had submitted his nomination papers after the 10am deadline.
On the nomination day, both Andipai and another candidate Saimeh Usau had missed the deadline and wanted to submit their papers after the expiry of the deadline. They claimed they have been blocked on their way to the nomination centre.
They were subsequently allowed to do so, with Andipai's nomination papers accepted at 10.25am and Saimeh's forms five minutes later.
However, during the one-hour objection period from 11am, Kurup had raised objections to the late submissions and they were accepted by the returning officer. He then disqualified the two candidates from contesting.
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The High Court decision comes at an inopportune time for Barisan Nasional. No doubt, the by-elections will take place after September 16, which may or, may not see any dramatic changes at the federal level. In any event, the by-election will be seen by most Malaysians, particularly Sabahans, as a referendum of sorts on the BN government at the Federal and State levels.
The Pensiangan constituency is largely populated by Kadazans.
There have been rumblings of discontent from within BN Sabah ranks. At the most extreme would be Sabah Peoples' Party (SAPP) led by the recalcitrant Yong Teck Lee. This is followed by leaders within UMNO Sabah, such as the urbane Anifah Aman.
There are some interesting angles to consider. First, can PKR and Pakatan Rakyat parlay the voter sentiments in Peninsular Malaysia into Pensiangan, Sabah? This is a strong possibility given the strong streak of independence shown by Yong of SAPP and Anifah Aman of UMNO Sabah. But, at the same time, by dint of the independent streak shown by these BN Sabah leaders, the Pensiangan voters may see BN Sabah in a favourable light.
Second, and, perhaps the most interesting question is that, given the reticence of Sabah's Kadazan leaders, particularly Huguan Siou Pairin Kitingan, on the crossover issue and, the failure or refusal of these Kadazan leaders to make any outward displays of independence against the federal BN's neglect of Sabah, will the Kadazan voters in Pensiangan decide to give the Kadazan leaders a wake-up call by casting their votes for PKR-Pakatan?
In a direct sense, the by-election is likely to be hotly contested between PBRS-BN and PKR-Pakatan. But the underlying issue will be whether the Kadazan voters will reflect the growing mood of despair at the federal BN leadership. At another level, the by-election may also be an indicia of whether BN Sabah's leadership under the authoritarian Musa Aman is genuinely well-received by Sabahans.
Right to appeal the High Court decision
However recent amendments to the election laws allow Kurup to appeal the decision at the Federal Court.
The petition was filed by PKR's Danny Anthony Andipai, who was also a candidate for the seat. He had named Kurup, returning officer Bubudan OT Majalu and the Election Commission as respondents.Kurup won the seat uncontested on Feb 24 nomination day after Andipai's candidacy was rejected after he had submitted his nomination papers after the 10am deadline.
On the nomination day, both Andipai and another candidate Saimeh Usau had missed the deadline and wanted to submit their papers after the expiry of the deadline. They claimed they have been blocked on their way to the nomination centre.
They were subsequently allowed to do so, with Andipai's nomination papers accepted at 10.25am and Saimeh's forms five minutes later.
However, during the one-hour objection period from 11am, Kurup had raised objections to the late submissions and they were accepted by the returning officer. He then disqualified the two candidates from contesting.
______________________________
The High Court decision comes at an inopportune time for Barisan Nasional. No doubt, the by-elections will take place after September 16, which may or, may not see any dramatic changes at the federal level. In any event, the by-election will be seen by most Malaysians, particularly Sabahans, as a referendum of sorts on the BN government at the Federal and State levels.
The Pensiangan constituency is largely populated by Kadazans.
There have been rumblings of discontent from within BN Sabah ranks. At the most extreme would be Sabah Peoples' Party (SAPP) led by the recalcitrant Yong Teck Lee. This is followed by leaders within UMNO Sabah, such as the urbane Anifah Aman.
There are some interesting angles to consider. First, can PKR and Pakatan Rakyat parlay the voter sentiments in Peninsular Malaysia into Pensiangan, Sabah? This is a strong possibility given the strong streak of independence shown by Yong of SAPP and Anifah Aman of UMNO Sabah. But, at the same time, by dint of the independent streak shown by these BN Sabah leaders, the Pensiangan voters may see BN Sabah in a favourable light.
Second, and, perhaps the most interesting question is that, given the reticence of Sabah's Kadazan leaders, particularly Huguan Siou Pairin Kitingan, on the crossover issue and, the failure or refusal of these Kadazan leaders to make any outward displays of independence against the federal BN's neglect of Sabah, will the Kadazan voters in Pensiangan decide to give the Kadazan leaders a wake-up call by casting their votes for PKR-Pakatan?
In a direct sense, the by-election is likely to be hotly contested between PBRS-BN and PKR-Pakatan. But the underlying issue will be whether the Kadazan voters will reflect the growing mood of despair at the federal BN leadership. At another level, the by-election may also be an indicia of whether BN Sabah's leadership under the authoritarian Musa Aman is genuinely well-received by Sabahans.
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