PUTRAJAYA (March 20): The Court of Appeal today allowed the Election Commission and its returning officer for the Rantau constituency during the 14th general election to strike out a RM7.6 million misfeasance suit filed against them by former PKR candidate, Dr S Streram.

A three member appellate court bench led by Justice Datuk Ahmadi Asnawi granted the EC and the returning officer Amino Agus Suyub' appeal to strike out the suit on grounds that Amino is not a public officer.

"Hence, the court ruled Amino is not a public officer and allow the striking out by the EC and Amino," the appellate court ruled.

The decision was confirmed by Streram's lawyer Sreekant Pillai, when contacted by The Edge today.

The bench, which includes Justice Datuk Abdul Karim Abdul Jalil and Datuk Suraya Othman, also ordered that Streram pay RM10,000 in costs.

According to Sreekant, the court adopted the grounds of the case in the suit filed by Tun Dr Mahathir Mohamad and Citizens Declaration coordinator Datuk Seri Khairudin Abu Hassan against former premier Datuk Seri Najib Abdul Razak, where the courts subsequently ruled that Najib was not a public officer.

The lawyer said he has yet to inform Streram of the court's decision and would take instructions from him on whether to appeal the matter to the Federal Court.

"If we are to appeal, then leave or permission has to be gained from the apex court before the merits of the appeal and the questions of law are heard fully," Sreekant said.

It should be noted that today's decision will not affect the Rantau by-election, where nomination day and polling day has been fixed on March 30 and April 13, respectively.

This follows the decision by the Election Court in allowing the petition filed by Streram, who was denied entry to submit his nomination form due to the absence of a name tag or pass, thus seeking a by-election for the seat on grounds that Datuk Seri Mohamad Hasan’s election was not valid. The decision was also upheld by the Federal Court.

The appellate court's decision today overturned the Kuala Lumpur High Court's dismissal of the EC and Amino's striking out application last September.

Judicial commissioner Darryl Goon Siew Chye had ruled then that the election petition filed by Streram did not prohibit him from filing the misfeasance suit. The judicial commissioner further ruled that there is no case of law to say that an election officer is not a public officer.

"For these reasons, the court ordered the matter to proceed to trial and it directed the EC to file their defence," the High Court ruled last Sept 3.

Streram had, on May 7, filed the misfeasance in public office suit against Amino and the EC over its actions, which resulted in him being unable to contest in the 14th general election.

He had alleged in his statement of claim that the defendants failed in their responsibilities under the Election Commission Act 1958, which resulted in him not being able to contest the state seat, despite having obtained an appointment letter from his party.

Consequently, the former Negeri Sembilan menteri besar Datuk Seri Mohamad Hassan won the Rantau seat uncontested.

Streram had also said that the EC's failure to accept his nomination had violated his constitutional rights to contest in the last general election, hence he is seeking RM5 million in general damages, RM2.6 million in exemplary damages, and other reliefs deemed fit by the court.

Besides this, Amino Agus who was Rembau district officer, has a separate appeal pending at the Court of Appeal, as he had been sentenced three months jail for contempt of court for trying to coach a witness during the election petition hearing.