‘Redelineation exercise not amenable to judicial review’

FEDERAL Court rejects application by DAP lawmakers, upholds Election Commission’s recommendations

THE Federal Court yesterday held that the Election Commission’s (EC) recommendations for a redelineation exercise in parliamentary and state constituencies were not amenable to judicial review.

Chief Justice Tun Md Raus Sharif, who chaired a three-man bench, said the EC’s action in its delimitation exercise did not bind parties and, as such, was not amenable to judicial review.

He said this in his decision to dismiss leave applications by two DAP members of parliament from Perak and seven voters from Melaka to appeal against the appellate court’s decisions, which did not rule in favour of them in respect of their judicial review.

“The EC, in our opinion, had adhered to and complied with the principles in the 13th Schedule of the Federal Constitution,” said Raus, who presided with Federal Court judges Tan Sri Azahar Mohamed and Tan Sri Wira Aziah Ali.

He said the Federal Constitution instructed the EC to submit a report to Prime Minister Datuk Seri Najib Razak, as required under Section 8 of the 13th Schedule of the Federal Constitution.

Raus said it was up to the Dewan Rakyat whether to approve the EC’s report.

“The Federal Constitution has entrusted the Dewan Rakyat, as a proper body, to decide on the delimitation of constituencies.”

He said it was the court’s duty to uphold and abide by the provision of the Federal Constitution.

Raus said if the EC had complied with all the procedures and principles, the court should not encroach on matters pertaining to the redelineation exercise, or else it (the court) would be seen as encroaching on the functions of other bodies mandated by the Federal Constitution.

He said the applicants could not be given leave to appeal as their proposed questions of law did not satisfy the provision under Section 96 of the Courts of Judicature Act 1964.

The seven voters from Melaka filed the leave application for a judicial review to challenge the EC’s proposed redelineation exercise, which they claimed was unconstitutional.

The Melaka High Court granted them the leave.

However, the order was then set aside by the Court of Appeal.

The seven voters were Chan Tsu Chong, Neo Lih Xin, Azura Talib, Lim Kah Seng, Norhizam Hassan Baktee, Amir Khairudin and Amran Atan.

Chan, who was present at the court yesterday, said following the Federal Court’s decision, it showed that the court did not have the power to hear cases involving a redelineation exercise by the EC and that the Federal Constitution had empowered Parliament to decide whether the EC’s proposed recommendations were constitutional.

The leave application by the two DAP MPs, Ipoh Barat MP M. Kulasegaran and Ipoh Timur MP Thomas Su Keong Siong, for a judicial review over proposed recommendations for a redelineation exercise in their constituencies was also denied by both the High Court and Court of Appeal.