Selangor government cannot challenge EC's proposed re-delineation exerciseDecember 7, 2017 @ 7:09PM
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 was an exclusive area of the legislature, and any intervention by the judiciary will overstep the separation of boundaries.
He said the court was also bound by two Court of Appeal decisions which ruled that the state government has no legal right to challenge the recommendation even though the scope had been widened.
Azizul said that in the judicial review application, the state government needed to avail itself to Order 53 2(4) of the Rules of Court 2012, and prove that it has been adversely affected by the decision or action or omission in relation to the exercise of the public duty or function.
The judge said the Court of Appeal had previously found that the re-delineation recommendations did not have any legal effect as the state government was not adversely affected.
Accoring to the state government, the electoral roll was defective as it does not have the addresses of 136,272 voters in Selangor. However, Azizul said even though the electoral roll does not have addressess, it has the locality code.
He said the addresses of the electoral roll might have been available to the EC at the time they registered and thus it did not affect the re-delineation process.
"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 at the Court of 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 was 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 was also seeking, among others, relief, a declaration that the published notice lacked details, where normal voters, local authorities or state governments could exercise their right to make a representation.