The Sun (Malaysia)

SEA OF BLUE Selangor appeal against redelineat­ion dismissed

> Court rules applicatio­n non-justiciabl­e

- BY G. SURACH

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.

 ??  ?? ... Election fever is already in the air going by the BN banners lining a road in Putrajaya.
... Election fever is already in the air going by the BN banners lining a road in Putrajaya.

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