Why did the election court dismiss the petition against Putrajaya MP Mohd Radzi?

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Election Petition Against Putrajaya MP Mohd Radzi Dismissed Due to Procedural Defects

The election court dismissed the petition filed against Putrajaya Member of Parliament Datuk Mohd Radzi Md Jidin because the petitioner failed to adequately prove corrupt practices and did not comply with established election petition rules. High Court Judge Datuk Faizah Jamaludin allowed a preliminary objection by Mohd Radzi to strike out the petition, citing a jurisdictional defect stemming from the petitioner's non-compliance with pleading and procedural requirements.
Petitioner Failed to Prove Corrupt Practice

The court found that the petitioner, Datuk Ahmad Faisal Abdul Karim, did not provide sufficient evidence to demonstrate that corrupt practices were committed by Mohd Radzi or his agent. Judge Datuk Faizah Jamaludin stated that the alleged bribery of voters with RM150 each, as claimed in the petition, was not sufficiently substantiated to allow the case to proceed to a full trial. The deficiency in factual particulars made it impossible to prove the case beyond a reasonable doubt.
Non-Compliance with Election Petition Rules

Furthermore, the judge ruled that the petition was defective as it failed to comply with rule 4 (1) (b) of the election petition rules. This specific rule pertains to the necessary pleadings and particulars required for such a petition. The petitioner's failure to adhere to these procedural guidelines resulted in a jurisdictional defect, preventing the court from hearing the substance of the petition.
Jurisdictional Defect Deprived Court of Hearing

The judge elaborated that the petitioner's non-compliance with the established procedures and pleadings created a jurisdictional defect. This meant that the court, bound by the powers vested under the Election Offences Act, was deprived of the authority to hear the election petition. Consequently, the petition had to be struck out, upholding the validity of Mohd Radzi's victory.
Costs Awarded to the Respondent MP

As a result of the petition being dismissed, the court ordered the petitioner, Ahmad Faisal Abdul Karim, to pay RM20,000 in costs to Datuk Mohd Radzi Md Jidin. This cost order reflects the outcome of the preliminary objection where the petition was struck out. Mohd Radzi had secured the Putrajaya seat in the 15th general election on November 19 last year with 16,002 votes, defeating Tengku Adnan Tengku Mansor.

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Why did the election court dismiss the petition against Putrajaya MP Mohd Radzi?

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