2023 Kemaman by-election

Kemaman is a Malay/Muslim-majority seat comprising predominantly 94.1% of the overall voters, followed by 5.0% Chinese, 0.5% Indians and 0.4% of other ethnicities.

Che Alias, a member of the Malaysian Islamic Party (PAS) of Perikatan Nasional (PN) was first elected as the Member of Parliament (MP) for Kemaman in Terengganu defeating Ahmad Said of the United Malays National Organisation (UMNO) of Barisan Nasional (BN) coalition, Hasuni Sudin of the People's Justice Party (PKR) of Pakatan Harapan (PH) coalition and Rosli Abd Ghani of the Homeland Fighters Party (PEJUANG) of Gerakan Tanah Air (GTA) coalition by a majority of 27,719 votes in 2022 general election (GE15).

On 26 September 2023, the Terengganu Election Court annulled the results of the Kemaman seat in the 2022 general election. With this, Che Alias lost his seat and was disqualified as an MP with immediate effect. Judge Anselm Charles Fernandis ruled that the petitioner of BN Wan Mohamad Hisham Wan Abdul Jalil succeeded in proving that there had been elements of inducement of voters during the campaigning period of the election and corruption had taken place with the aim of influencing voters through programmes of fund distribution by the Terengganu state government in the election. He added that although the Terengganu state government was not in caretaker capacity and was allowed to work normally as the Terengganu State Legislative Assembly was dissolved and Terengganu state election was held separately in 2023, it did not mean the programmes should be held so close to the election. The court also ordered Che Alias to pay RM 30,000 to Wan Mohamad Hisham. Che Alias was represented by lawyers Wan Rohimi Wan Daud and Saifuddin Othman while Wan Mohamad Hisham was by lawyers Mohd Hafarizam Harun, Amin Othman and Norhazira Abu Haiyan. Hafarizam stressed that the Anselm had called the lead counsel of both parties into his chambers and informed them that he would notify the Election Commission (EC) of his ruling on a week later on 3 October 2023 if there was no appeal notice, indicating a decision on whether to file a notice of appeal should be made by that day and within a week. On 3 October 2023, Secretary-General of PAS Takiyuddin Hassan announced that Che Alias and PAS had decided against filing a notice of appeal to the Federal Court. Following that, the by-election was triggered.[2]

On 3 October 2023, Deputy Prime Minister, Chairman of BN and President of UMNO Ahmad Zahid Hamidi added that BN had not decided whether to contest in the by-election. However, he stressed that it would be good for BN to test the electoral support for the coalition in Kemaman once again although the opposing PN has the advantage in the Malay-majority and rural areas like Kemaman and bring down the majority of PN in the by-election from its majority in the 2022 general election should it win.[3]

The key dates are listed below.