Appeals Court: Voters not entitled to info on re-delineation process

PUTRAJAYA: Voters are not entitled to information on the proposed recommendation of the re- delineation of electoral boundaries other than what is provided by the Election Commission ( EC), the Court of Appeal has ruled.

Justice Datuk Zamani A Rahim, who delivered the unanimous decision of the court’s three-man panel yesterday, said the duties and responsibilities of the EC had been specified under the Federal Constitution and the Election Act 1958.

There was nothing stated on the Federal Constitution, the Election Act 1958, or any other statutory provisions, requiring the EC to provide beyond what was required, he added.

As such, the panel, chaired by Justice Datuk Tengku Maimun Tuan Mat — dismissed the appeal by activist Haris Fathillah Mohd Ibrahim against a High Court’s decision which dismissed his application to obtain information from the EC on the delineation of electoral boundaries.

The other judge presiding on the panel was Justice Datuk Ahmadi Asnawi.

“The appellant’s (Haris Fathillah) originating summons is clearly without merit and the application should be refused in limine as the action was to challenge the respondent’s ( EC) constitutional functions and duties as provided by the Federal Constitution,” said Justice Zamani.

He said Haris Fathillah’s action was clearly seeking a ‘clocked declaration’, meaning a declaration for a collateral purpose, or with improper motive.

Justice Zamani also ruled that Haris Fathillah did not state in his originating summons on how his rights was affected by the EC’s decision.

He said Haris Fathillah did not identify the controversies between him and the EC and whether his constitutional rights had been infringed.

“The appellant ( Haris Fathillah) must show he has locus standi or standing or tangible interest to seek declaration,” he said, adding that Haris Fathillah merely stated in his originating summons that he was a registered voter of the Petaling Jaya Selatan parliamentary constituency and Bukit Gasing state constituency.

He said Haris Fathillah relied on Article 10 of the Federal Constitution on freedom of expression to support his claim that the EC must provide the information he sought.

Unlike in India and Canada, there was no Freedom of Information Act in Malaysia for the EC to accede to Haris Fathillah’s request, he added.

Haris Fathillah , 57, commenced proceedings in the Kuala Lumpur High Court in Jan 2015, but his lawsuit was dismissed in June the same year.

High Court Judge Datuk Asmabi Mohamad, on June 11, 2015, dismissed the application on grounds that it was premature and that Haris Fathillah had no locus standi to do so. Haris Fathilah filed the originating summons against the EC on Jan 19, 2015, seeking a declaration that aggrieved parties had the right to all information on delineation of electoral boundaries for parliamentary or state constituencies.

The information requested included map of the electoral boundaries, reasons for the redelineation exercise and all documents used for the purpose.

He wanted the information to be supplied to him to enable him to make an effective representation to the proposed recommendations of re- delineation exercise.

Meanwhile, Haris Fathilah, when met by reporters, said he would seek the advice of his lawyers whether to bring the case up to the Federal Court. — Bernama