KUALA LUMPUR: The Federal Court's decision on the Election Commission’s (EC) duty to carry out re-delineation of constituencies cannot be revised through a judicial review.
This is provided the commission's task is in accordance with the provisions of the Federal Constitution.
Former EC chairman Tan Sri Abdul Aziz Mohd Yusof said he was confident that those who were dissatisfied with the re-delineation proposal after the draft was shown for a second time could not challenge it in court.
In this regard, he said, the attempt to challenge the re-delineation in the courts for the constituencies in Selangor was in vain.
This, as the re-delineation proposal did not involve an increase in seats, and only needed a simple majority in parliament to be passed.
He said the EC's actions were also not based on political interests, but according to the Federal Constitution.
It is also based on the principle of facilitating voters and administration either at the District Office or Local Authorities (PBT) levels said Aziz.
"Therefore, I am very confident, that even if it is brought before court, the EC will win because its decision was not based on politics.
"The EC is not making a proposal to increase seats this time around, a move which would require a two-third majority vote in Parliament (Dewan Rakyat) to be passed," he said today.
Yesterday, the Federal Court ruled that the EC's proposal to implement re-delineation of parliamentary constituencies and the State Legislative Assembly (DUN) could not be revised by way off a judicial review.
Chief Justice Tun Md Raus Sharif, chairing the three-judge panel, reportedly said the EC's act on delinquent redistricting was not binding on any party and therefore could not be amended by a judicial review.
Commenting further, Aziz said the re-delineation was implemented by the EC at the very least every eight years in accordance with the Federal Constitution and the law enacted in the EC's jurisdiction.
The process involves the (re)drawing of electoral boundaries to prevent an imbalance of the voting population across polling districts and is conducted under Article 113(2)(i) of the Federal Constitution.
Meanwhile, a seat increase proposal requires an amendment of the Federal Constitution (Article 46), which would need a two-third majority vote in Parliament to be passed.
Aziz said, based on his previous experience, more than 60 per cent of proposals or protests were received by the EC in an effort to improve the proposed re-delineation.
"Objections can only be made by voters in the constituency if there is solid foundation and evidence to back them up.
"There are times when voters protest in general merely including questioning why voting areas are changed only because old elected representatives do not agree with the EC while there is no political consideration in this regard," he said.