Section 36
Determination of Election Judge
At the conclusion of the trial of an election petition, the
Election Judge shall—
(a)
determine whether the candidate whose return or election is complained of was duly returned or elected or whether the election is void; and
(b)
pronounce such determination in open court.
(2)
The Election Judge shall within fourteen days of making his determination under subsection (1) certify his determination—
(a)
to the Election Commission in the case of an election of a person to be a member of the Dewan Rakyat, a Legislative Assembly, a local authority under the jurisdiction of the Federal Government or of any other election that the Election Commission may be authorized to conduct; or
(b)
in the case of any other election, to the State Authority.
Appeal 36a. (1) The petitioner or a candidate whose return or election is complained of may appeal against the determination of an
Election Judge to the Federal Court.
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(2)
Every appeal under this section shall be presented within fourteen days from the date of the determination of the Election
Judge under section 36 and such appeal shall be presented in accordance with the rules of court applicable to appeals to the
Federal Court.
(3)
The Registrar of the Federal Court shall, within fourteen days from the date of the decision of the Federal Court certify such decision—
(a)
to the Election Commission in the case of an election of a person to be a member of the Dewan Rakyat, a Legislative
Assembly, a local authority under the jurisdiction of the
Federal Government or of any other election that the
Election Commission may be authorized to conduct; or
(b)
in the case of any other election, to the State Authority.
Time for completion of hearing of appeal 36b. Notwithstanding any other law to the contrary, an appeal against the determination of an Election Judge shall be heard and decided upon by the Federal Court within six months from the date of presentation of the appeal.
Effect of decision of Election Judge or Federal Court 36c. At the end of the period specified in subsection 36a(2), if there is no appeal to the Federal Court, or upon the certificate being given under subsection 36a(3), if there is an appeal to the Federal Court, the determination of the Election Judge or the decision of the Federal Court, as the case may be, shall be final, and the return or election shall be confirmed or the election shall be void and in such case within thirty days from the end of such period or from the date the certificate is given, the Election Commission or the State Authority, as the case may be, shall give notice of election in the constituency or electoral ward concerned in accordance with the certificate given under subsection 36a(2) or (3).
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