Kota Kinabalu: The Federal Court in Putrajaya has rescheduled to Jan 15, hearing of Parti Bersatu Rakyat Sabah (PBRS) President Tan Sri Joseph Kurup's appeal against an Election Court decision that declared null and void his win in Pensiangan during the March 8, 2008 general election.
The appeal was earlier fixed to be heard Wednesday (Jan 7).
Kurup's lawyer George Aludah told Daily Express that the Federal Court informed them last week of the new date of hearing the appeal.
On Sept 8 last year Judge David Wong Dak Wah held that Kurup, who was the Barisan Nasional candidate, was not duly returned as the winning candidate for the Pensiangan parliamentary seat.
He also awarded costs to the petitioner, Parti Keadilan Rakyat's (PKR) Danny Anthony Andipai, whose candidacy for the Pensiangan seat was rejected by the Returning Officer Bubudan OT Majalu on Feb 24, last year, the nomination day for the country's 12th general election.
The judge held that the wrongful rejection of Andipai's nomination papers by Bubudan had breached his (Andipai) constitutional right to take part in the election and with it the written law relating to the conduct of election.
Andipai, who is Nabawan PKR chief, filed the petition on April 9, 2008 naming Kurup and Bubudan as the first and second respondents, respectively.
He claimed that Bubudan had planned to make available only one counter for the delivery of nomination papers for Pensiangan and the State seats of Sook and Nabawan.
He contended that the plan was to prevent the timely delivery of nomination papers from other candidates to enable Kurup to be returned unopposed in the election on nomination day.
Andipai was represented by Haji Ansari Abdullah and Datuk Chau Chin Tang, while Kurup's lawyers were Alex Decena, Wilson Lai, Hajah Mariati Robert and Lau Cheung Hoon.
Senior Federal Counsel Suzana Atan, Chandradevi Letchumanan and Amrjeet Singh represented Bubudan.