PUTRAJAYA: The Federal Court set Oct 13 to hear an application for leave to appeal a Court of Appeal nod for the Election Commission (EC) to go ahead with its proposal to redraw Sarawak's electoral boundaries.
A three-man panel headed by Court of Appeal president Tan Sri Md Raus Sharif set the date during open court proceeding today.
The panel on that date would also hear an application to stay the Court of Appeal verdict in the event that leave to appeal is granted.
The applicants for leave to appeal and the related stay are Batu Lintang assemblyman See Chee How and Ulu Baram voter Pauls Baya.
On Aug 7, the Court of Appeal allowed the EC's appeal against the Kuching High Court nullification of the EC's notice listing recommendations for the redelineation.
The Court of Appeal ruled that there already was an effective mechanism for voters to register unhappiness with the notice - Section 5 of the Thirteenth Schedule of the Federal Constitution that states the EC shall hold a local enquiry over any complaint received over the proposed redelineation stated in the notice.
The Court of Appeal found that the EC's failure to state detailed particulars mentioned by the Kuching High Court did not hinder voters' right to make a representation.
On May 15, the Kuching High Court ruled that there was a serious lack of detailed particulars in the notice of the recommendation for the redelineation exercise.
A mandatory order was made to the EC to republish the notice on the proposed recommendations in full compliance with the 13th schedule of the Federal Constitution.
On May 25, the same court issued an additional order to declare the notice null and void.
Counsel Datuk Cyrus Das acted for appellants See and Pauls while senior federal counsel Amarjeet Singh led the legal team for the EC.