S’gor gets interim stay on EC inquiry
> Decision pending hearing of judicial review on delineation proposal
KUALA LUMPUR: The Selangor state government yesterday obtained an interim stay on the Election Commission’s (EC) local inquiry in the state on the proposed recommendation for delineation of constituencies.
The High Court here granted the interim stay pending the hearing and disposal of leave for a judicial review application, which is fixed to be heard on Dec 16.
The stay is only for the Selangor state, although the application was made for the whole of the peninsula.
In delivering the decision, High Court Judicial Commissioner Azizul Azmi Adnan said there was a special circumstance to grant the stay.
“I am of the view the ‘preservation of the status quo’ does amount to special circumstances to grant the stay,” said Azizul.
He said the affidavit evidence filed by the Selangor state showed that the absence of the stay can render the judicial review, academic. He said this is sufficient to grant a stay. The EC is not prejudiced if the court grants the stay as it is only for two and half weeks.
Last month, the Selangor state government filed the review to quash a notice and a draft constituencies plan for the state, which contains the proposed recommendations for delimitation of constituencies by the EC.
The state government is seeking to quash the draft and notice published under Section 4 of the Thirteenth Schedule to the Federal Constitution titled “Recommendation for Federal and State constituencies in the states of Malaya” as reviewed by the EC, dated Sept 15. The government wants the High Court to compel the EC to use the current electoral roll, the supplementary electoral roll certified on July 20 and to take into account 136, 272 voters in Selangor.
The state claimed that the notice and draft is lacking in detailed particulars, such as ordinary voter, local authority or state government and that the EC had acted contrary to the law, unconstitutionally, unreasonably and irrationally.
Mentri Besar Datuk Seri Azmin Ali, who filed the suit on behalf of the government, named the EC, its chairman Datuk Seri Mohd Hashim Abdullah and secretary Datuk Abdul Ghani as the respondents.