Selangor govt fails in bid to challenge EC re-delineation move

December 7, 2017 @ 2:50PM
By KHAIRAH N. KARIM

KUALA LUMPUR: The Selangor government has failed in its bid to challenge the notice and recommendations by the Election Commission (EC) on its proposed re-delineation exercise.

In dismissing the state government's judicial review application, Judge Azizul Azmi Adnan said the application was non-justiciable as the re-delineation exercise is the exclusive area of the legislature and that any intervention by the judiciary will overstep the separation of boundaries.

He said the court is also bound by two Court of Appeal decisions in a similar application by voters in Melaka and Perak.

"For these reasons, I am dismissing the entire application," he said.

The court also granted a stay on local inquiries in the state pending appeal.

On Oct 19 last year, 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 re-delineation exercise.

He is seeking a declaration that the proposed re-delineation, from a 2016 study by the 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 re-delineation was unconstitutional, not in accordance with Section 3 of the Thirteenth Schedule of the Federal Constitution, and thus null and void.

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 relief, a declaration that the published notice lacked details, where normal voters, local authorities or state governments cannot exercise their right to make a representation.

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 re-delineation exercise. (pix by KHAIRAH N. KARIM)