S'gor govt's bid to cross-examine EC chairman rejected

KUALA LUMPUR: The High Court here yesterday dismissed the Selangor government's application to cross-examine Election Commission (EC) chairman Datuk Seri Mohd Hashim Abdullah in its legal action on the proposed redelineation of electoral boundaries for parliamentary and state constituencies in the state.

Judge Azizul Azmi Adnan made the decision after finding that the issue in question could be addressed without crossexamining the EC chairman.

The Selangor government is seeking to cross-examine the EC chairman on the issue of 136,272 voters without addresses.

The court, however, allowed the state government's application for the EC to give information of the locality code and name of 136,272 voters during the last two delimitation exercises in 2003 and 1994.

In view of this ruling, the court also granted the state government and EC's application for a stay of proceedings pending their appeal against yesterday's ruling at the Court of Appeal.

The court fixed April 11 for the next case management. Tomorrow the court is scheduled to hear the merit of the judicial review application filed by Datuk Seri Mohamed Azmin Ali on Aug 15, last year.

In the application, Mohamed Azmin is seeking a declaration that the proposed redelineation, from a 2016 study by the EC, is unconstitutional, inconsistent with Clauses 2(c) and 2(d) of Article 113(2) of the Thirteen Schedule of the Federal Constitution, and null and void.

The Gombak member of Parliament is also seeking 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 Thirteen Schedule of the Federal Constitution, and thus, null and void.

Mohamed Azmin filed the application on grounds that the EC had acted unconstitutionally, unreasonably and irrationally against Article 113(2) of the Federal Constitution.

He is also seeking, among other reliefs, a declaration that the published notice lacked details, where normal voters, the local authorities or state governments cannot exercise their right to make a representation.

Senior federal counsel Alice Loke represented the EC while counsel Datuk S.Ambiga acted for the state government.