2nd UPDATE
KUALA LUMPUR, Sept 8 — Deputy Rural Development Minister Tan Sri Joseph Kurup has lost his Pensiangan parliamentary seat after the High Court declared his win in the March 8 general election null and void.
The Parti Bersatu Rakyat Sabah president had won unopposed after PKR candidate Danny Andipai's nomination was rejected on the Feb 24 nomination day.
Kurup has asked his lawyers to file a stay of execution pending an appeal.
Kota Kinabalu High Court judge Justice David Wong Dak Wah ruled that returning officer Bubudan OT Majalu's decision was invalid.
Andipai had arrived on nomination day and paid his RM15,000 deposit at about 9.35am and waited for his turn to be called to submit his nomination papers. But after the 10am deadline, he had still not been called.
Despite conferring with higher-ups in the Election Commission who directed him to accept the papers, Bubudan still rejected Andipai's nomination.
Wong also ruled that the objections against Andipai's nomination forms for being improper and unsigned were invalid.
Sabah PKR chief Ansari Abdullah, who was Andipai's legal counsel, said that the judgment was "water tight" and saw little grounds for appeal but they were prepared.
"One down, 29 more to go," he said in reference to the 30 seats required by Pakatan Rakyat to overthrow the Barisan Nasional government.
However, it is impossible for a Pensiangan by-election to be called before opposition leader Datuk Seri Anwar Ibrahim's Sept 16 deadline as Kurup has 14 days to file an appeal in the Federal Court.
Kurup was not in court but will confer with his legal counsel on the court's judgment to see if an appeal would stand in court. He said he was ready and confident for a by-election.
Bernama adds that Kurup is no longer a deputy minister following the high court ruling. Deputy Prime Minister Datuk Seri Najib Tun Razak said in Putrajaya a deputy minister must come from among members of parliament.
However, Kurup can be reappointed as a deputy minister if he is reelected, Najib told reporters after chairing the Permata Negara Council meeting.
Najib said BN would appeal against the decision and at the same time, prepare for a by-election.
The Star reports that Election Commission chairman Tan Sri Abdul Rashid Abdul Rahman said the appeals court would have to dispose of the case within six months from the date of appeal.
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