SEA OF BLUE Selangor appeal against redelineation dismissed
> Court rules application non-justiciable
PUTRAJAYA: The Court of Appeal has dismissed the Selangor government’s appeal against the Election Commission’s (EC) redelineation exercise.
A three-man bench, comprising Datuk Ahmadi Asnawi, Datuk Vernon Ong Lam Kiat and Datuk Abdul Karim Abdul Jalil, made the unanimous decision after submissions from appellants led by Datuk Dr Cyrus Das, Latheefa Koyah and Datuk S. Ambiga, and the respondent, represented by senior federal counsel Datuk Amarjeet Singh, on Tuesday.
In affirming the High Court’s decision, Justice Ong who read the judgment said while the appellant has a locus standi to file an appeal, the application was non- justiciable as the exercise was an exclusive area of the legislature, and any intervention by the judiciary will overstep the separation of boundaries.
He added the issue of the matter being academic as it had already been tabled at the Dewan Rakyat was not taken into account in the decision.
The bench, Ong said, also opined that the subject matter of redelineation comprising gerrymandering and malapportionment was non-justiciable as the Selangor government may have the option to bring up those issues during a local inquiry.
The Dewan Rakyat on Wednesday passed the motion on electoral boundary redelineation after it was tabled by Prime Minister Datuk Seri Najib Abdul Razak following a bloc vote of 129-80.
On Dec 7, High Court judge Azizul Azmi Adnan had dismissed the application, stating that the state government needed to avail itself to Order 53 2(4) of the Rules of Court 2012, and prove that it has been adversely affected by the decision, or action, or omission in relation to the exercise of the public duty or function.
The Selangor government on Oct 19, last year, represented by Mentri Besar Datuk Seri Mohamed Azmin Ali, filed an application for a judicial review against the notice and recommendations by the EC of its proposed redelineation exercise.
He was seeking a declaration that the proposed redelineation, from a 2016 study by the EC, was unconstitutional, inconsistent with Clauses 2(c) and 2(d) of Article 113(2) of the Thirteenth Schedule of the Federal Constitution, and null and void.
The Gombak MP had sought a declaration that the EC’s failure to use the latest electoral roll in the redelineation was unconstitutional, not in accordance with Section 3 of the Thirteenth Schedule of the Federal Constitution, and thus null and void.