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©New Straits Times (Used by permission)

KOTA KINABALU: Tan Sri Joseph Kurup filed an appeal in the Federal Court yesterday against a High Court decision declaring his victory in the Pensiangan parliamentary constituency null and void.

The deputy rural and regional development minister's appeal, filed by counsel Alexander Decena, seeks to maintain his uncontested win and reverse the Election Court's decision on Monday.

Kurup hoped the Federal Court would consider the grounds his lawyers had set forth in the appeal.

The High Court decision followed a petition filed to nullify Kurup's victory by Parti Keadilan Rakyat candidate Danny Anthony Andipai, who was disqualified on grounds that he had submitted his nomination papers late on Feb 24.

In his decision, judge David Wong Dak Wah held that returning officer Bubudan O.T. Majalu had erred in overturning the state Election Commission deputy director's decision to accept Andipai's nomination papers.

Majalu had also rejected the nomination papers of two others.

The judge had also ruled that the objections against Andipai's nomination papers were invalid as wrong objection forms were used, the objector's signature was missing, there were several authors to the objection forms and there were no written records as to when Bubudan received the objections.

The Election Court's decision can be appealed to the Federal Court, which has to dispose of the case within 60 days of the appeal being filed.

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