The plaintiff’s arguments
Introduction
49
As with the defendant’s arguments, the plaintiff’s arguments could also be classified under
the two broad headings referred to above. This is not surprising in view of the fact that the parties
needed to join issue and, in particular, in view of the fact that the plaintiff had also to respond to the
arguments made by the defendant.
Precedent
50
Contrary to the approach adopted by Mr Chan, Mr Ravi argued that this court was not bound
by the Malaysian decisions. This approach was probably due to the fact, as I have already mentioned,
that the weight of Malaysian authority supported the defendant. Nevertheless, Mr Ravi did draw my
attention to one Malaysian High Court decision which supported the plaintiff. This is the decision of
Sulaiman v Choong Yoon Chong [1957] MLJ 170 (“the Sulaiman case”). In that case, the plaintiff
deposited security within the time specified but made the deposit with the wrong officer. The
defendant argued that the rules on security had not been complied with and therefore applied for the
election petition to be dismissed. According to Smith J (at 171):
Regulation 12(3) [the equivalent of r 13(4) of our PER] does not say that a petition shall
automatically be dismissed if deposit is not made. It enjoins that no further proceedings shall be
had on the petition and that the respondent may apply for the petition to be dismissed. The
action which the Judge takes is entirely discretionary. In this case I am satisfied that sufficient
security has been given and that there has been such sufficient compliance with the spirit of the
Regulations that it would be inequitable to refuse the petitioner a hearing of his petition. This
application is therefore refused.
51
Mr Ravi also referred to wider arguments, albeit still in the Malaysian context. In particular,
he argued that Malaysia possessed alternative avenues by which persons aggrieved in the context of
elections could have recourse to. I did not verify the various avenues referred to by Mr Ravi. I am
prepared to assume that he is correct and hence take his case in this particular regard at its highest.
It followed, so his argument continued, that the Malaysian courts could afford to adopt a stricter
approach towards contravention of the equivalent of our PER because aggrieved persons had the
alternative avenues just referred to. Although I have refrained thus far from expressing my views on
the arguments tendered before me as I will be dealing with them holistically below, I make an
exception in the present instance as it seems to me that counsel’s argument is, with the greatest
respect, neutral at best and misconceived at worst.
52
In the first instance, the focus must always be on the statutory language concerned (here,
that to be found in r 13). Surrounding material is useful only in so far as it assists in throwing light on
the provision in its specific context. To this end, the wider arguments and considerations raised by
Mr Ravi lie beyond the specific context I have just referred to and are therefore irrelevant to the
interpretation of the language and intention of r 13 itself. More to the point, the integrity of the legal
process ought not to be compromised in such an important context as this.
53
Secondly, the wider arguments and considerations raised by Mr Ravi might actually entail a
conclusion contrary to what he has advocated. If, for example, alternative avenues in fact exist (in
the Malaysian context) to vindicate the rights of an aggrieved person in the context of elections, why
should the courts not adopt a less strict approach? While by no means conclusive, this is an at least
plausible argument that militates directly against the argument proffered on behalf of the plaintiff by
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents