Joniston’s election petition struck out, Madius remains Tuaran MP

KOTA KINABALU: Pakatan Harapan’s Tuaran Member of Parliament Datuk Seri Wilfred Madius Tangau retained the seat after the Election Court here struck out an election petition filed against him.

High Court judge Dr Alwi Abdul Wahab allowed a Notice of Application by Madius and the preliminary objection raised by two other respondents to strike out the election petition filed by PBS information chief Datuk Joniston Bangkuai.

The judge made the decision via a zoom hearing today.

According to counsel Nelson Angang who represented Madius, the court declared that Madius was duly elected as Tuaran MP.

“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 when met at the court here.

In the 15th General Election (GE15), Joniston, who is also Kiulu assemblyman, contested the Tuaran seat on the Gabungan Rakyat Sabah ticket.

He secured 24,710 votes, losing to Madius who was the president of the United Kinabalu Progressive Organisation (UPKO) by a slim margin of 233.

Joniston then filed an election petition on Jan 4 this year, seeking a court order to determine Madius was not duly elected as Tuaran MP during the GE15 and that the said election was void.

He named Madius as the first respondent while Tuaran Returning Officer and the Election Commission were the second and third respondents, respectively.

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.

Nelson, together with Chua Kuan E, and Arthur Borine represented Madius. – New Strait Times