Selangor loses appeal to challenge review exercise

PUTRAJAYA: The Court of Appeal has dismissed an application by the Selangor government to challenge the Election Commission’s (EC) proposed review of the electoral boundaries exercise in the state.

The three-man bench, comprising Justices Datuk Ahmadi Asnawi, Datuk Vernon Ong Lam Kiat and Datuk Abdul Karim Abdul Jalil, yesterday ruled that the notice and the proposed recommendations of the electoral boundaries review were not amenable to judicial review of Order 53, Rules of Court 2012.

Justice Ong said the panel agreed with the submissions of Senior Federal Counsel Datuk Amarjeet Singh that the proper forums for the objections of such complaints were at local inquiries pursuant to Section 5 of the Thirteenth Schedule.

“As such, we do not think that acts or omissions of the EC relating to these complaints are amenable to judicial review,” he said.

“We also hold that notwithstanding the non-disputed allegations of malapportionment and gerrymandering, by virtue of Section 9A of the Elections Act 1958, the Principal Electoral roll is final and binding and not amenable to judicial review.”

Justice Ong said the panel also agreed with the High Court judge that it was important to distinguish between the various specific duties of the EC.

Under Part VIII of the Federal Constitution, where the discharge of those duties involved the formulation of proposed recommendations and the exercise of its discretion to take into account the principles pursuant to Section 2 of the Thirteenth Schedule, the actions of the EC were non-justiciable. — Bernama