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.

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