Muhammad Shafee (left) and Ramasamy outside the Election Court after the MIC treasurer told the court he did not wish to proceed with the election petition.
SEREMBAN: MIC treasurer Tan Sri M. Ramasamy has withdrawn an election petition to challenge the result of the Segamat parliamentary seat in the 15th General Election (GE15) last year.
Ramasamy, who stood on a Barisan Nasional ticket in the polls, told this to the Election Court here Wednesday (Nov 8), when the matter came up for a full hearing, through his lawyer Tan Sri Muhammad Shafee Abdullah.
Muhammad Shafee said the three respondents named in the petition have also agreed not to proceed with the matter.
Ramasamy had named Segamat MP R. Yuneswaran as the first respondent, the returning officer as the second and the Election Commission as the third in his petition.
Judge Rohani Ismail then asked lawyers representing the respondents if they were agreeable and the parties replied in the affirmative.
"Since all parties are agreeable, I hereby allow the application to withdraw the petition.
"And as agreed by all, there will be no costs involved," she ruled.
Pakatan Harapan's Yuneswaran had won the Segamat seat with a 5,669-vote majority in a four-cornered fight against Ramasamy, Perikatan Nasional’s P. Poobalan and Pejuang’s Syed Hairoul Faizey.
However, Ramasamy subsequently filed an election petition seeking, among others, a declaration that the election for the Segamat constituency was void and a declaration that Yuneswaran was not duly elected as an MP.
On April 3, the Johor Baru Election Court struck out Ramasamy’s petition after accepting a preliminary objection raised by respondents.
ALSO READ: Federal Court allows MIC man's appeal for full hearing of Segamat election petition
Election Court judge Mohd Radzi Abdul Hamid dismissed Ramasamy’s election petition after accepting the preliminary objection raised by the respondents among others, including that Ramasamy failed to comply with Rule 15(4) of the Election Petition Rules 1954, pertaining to the particulars of his (Ramasamy's) affidavit of service and on his failure to comply with the Election Petition Rules regarding the facts pleaded in his petition, which were incapable of sustaining the declarations sought.
However, on Aug 18, the Federal Court allowed Ramasamy's appeal to send his election petition back to the Election Court for a full hearing.
A three-member bench also ordered the petition be heard before another judge.
Muhammad Shafee, when met outside the court later, said his client decided not to proceed as his party was a member of the unity government.
ALSO READ: MIC's Ramasamy files appeal against dismissal of Segamat election petition
"So, this (to proceed with the matter) has become very difficult.
"Say, if Ramasamy was to win, who the candidate (for Segamat) will be, becomes another issue.
"So, in light of that, we have decided we shall not proceed," he said.
Ramasamy, who was also present, said he was prepared to work with Prime Minister Datuk Seri Anwar Ibrahim.
"It is pointless for us to fight as we are in the same government.
"I am also prepared to work with the PM," he said.
Lawyer Lau Yi Leong, who represented Yuneswaran, said the matter has been settled and his client remains the Segamat MP.
"Once a petition has been filed, the petitioner cannot just withdraw it.
"He has to come to court to get the necessary approval to do so and that process was duly completed today," he said.
Lau said in documents filed in court, Ramasamy said his decision to withdraw the petition was because his party was now in the government.
He said his client had no objection to Ramasamy's decision not to proceed with the matter.
Senior federal counsel Nur Irmawatie Daud and Noridayu Md Kassim appeared for the returning officer and the EC.
On Oct 22, MIC president Tan Sri SA Vigneswaran had said that the party had left it to Ramasamy if he wished to proceed with the appeal.
Vigneswaran also said he told Ramasamy that the MIC supported Anwar, and they did not have any differences of opinion.
