ELECTION COMMISSION CAN PROCEED WITH LOCAL INQUIRY IN SELANGOR

Court of Appeal sets aside High Court stay order granted on Dec 7

THE Election Commission (EC) can carry out its local inquiry process for the proposed redelineation of electoral boundaries for parliamentary constituencies in Selangor.

This follows a majority decision of the Court of Appeal to set aside an interim stay order by the High Court for suspension of the execution of the local inquiry process.

In a 2-1 decision, a three-man bench chaired by judge Tan Sri Idrus Harun ruled that the stay order had restrained the EC from executing its functions.

Idrus, who with panel member Datuk Yaacob Md Sam allowed EC’s application, said they agreed with senior federal counsel Datuk Amarjeet Singh, who acted for the EC, that any function of legislature was not justifiable.

“We find that there are merits in the application and, therefore, allow the motion with no order as to costs,” Idrus said.

Idrus and Yaacob agreed with Amarjeet that the EC, when carrying out its function to formulate a recommendation, was actually carrying out part of its constitutional function for the legislature.

However, bench member Datuk Rhodzariah Bujang dissented.

Earlier, counsel Datuk S. Ambiga, who represented the Selangor government in her argument, said the application should not be set aside to preserve the status quo and rights of both parties.

On Dec 8, the EC filed an application to set aside the High Court’s decision to suspend the local inquiry process for parliamentary and state constituencies in the state pending a decision on the appeal at the Court of Appeal.

In the application, the EC said the suspension order contradicted the Federal Constitution and prevented it from performing its function.

The EC said the order had denied the rights of other voters in Selangor and all the local inquiry for other states involved in the re-delineation exercise had been completed, except in Selangor.

On Dec 7, the High Court threw out the Selangor government’s bid to challenge the notice and recommendations by the EC on its proposed redelineation exercise. However, the court allowed the state’s application for stay of the local inquiry process for parliamentary and state constituencies in the state pending an appeal at the Court of Appeal.

On Oct 19 last year, the Selangor government, represented by Menteri Besar Datuk Seri Azmin Ali, filed an application for a judicial review against the notice and recommendations by the EC of its proposed redelineation exercise.

The legal action was filed on grounds that the EC had acted unconstitutionally, unreasonably and irrationally against Article 113(2) of the Federal Constitution.