KUALA LUMPUR: The High Court today granted Selangor government's application for a brief stay halting the Election Commission (EC) from holding local inquiries on it's proposed redelineation in Selangor.
In allowing the state government's application, Judicial Commissioner Azizul Azmi Adnan said there were special circumstances for the court to grant an interim stay and that it would not prejudice the EC on "preservation of status quo".
The stay was granted pending hearing of the Selangor government's leave application for a judicial review on Dec 16.
"If the court denies the stay and the inquiry proceeded, the leave application by the Selangor government would become academic," the judge said in delivering his judgement after hearing submissions from both parties.
The state government was represented by counsel Datuk S. Ambiga while Senior Federal Counsel (SFC) Suzana Atan acted for the EC, its chairman, Datuk Seri Mohd Hashim Abdullah and secretary, Datuk Abdul Ghani Salleh.
On Oct 19, the Selangor government, represented by its Menteri Besar Datuk Seri Mohamed Azmin Ali, filed an application for a judicial review against the notice and recommendations by the EC of its proposed redelineation exercise.
He is seeking a declaration that the proposed redelineation, from a 2016 study by EC, was unconstitutional, inconsistent with Clauses 2(c) and 2(d) of Article 113(2) of the Thirteen Schedule of the Federal Constitution, and null and void.
Azmin who is also Gombak Member of Parliament is also seeking a declaration that the EC's failure to use the latest electoral roll in the redelineation was unconstitutional, not in accordance with Section 3 of the Thirteen Schedule of the Federal Constitution, and thus null and void.
Mohamed Azmin filed the application on grounds that the EC had acted unconstitutionally, unreasonably and irrationally against Article 113(2) of the Federal Constitution.
He is also seeking, among other reliefs, a declaration that the published notice lacked details, where normal voters, local authorities or state governments cannot exercise their right to make a representation.