The Star Malaysia

EC’s plan back on track

Redelineat­ion exercise to proceed after reversal order given by Court of Appeal.

- By QISHIN TARIQ qishin.tariq@thestar.com.my

PUTRAJAYA: The Election Commission can now proceed with its redelineat­ion exercise, thanks to a reversal order given by the Court of Appeal.

With fire drills and sirens blaring away, three judges at the Court of Appeal sat through the hearing until they reached a 2-1 majority judgment to reverse the Dec 7 High Court ruling which halted the exercise for one year.

The panel led by Justice Idrus Harun in its majority judgment agreed with the senior federal counsel’s submission that the court should not be allowed to stay the redelineat­ion process as it is tantamount to interferin­g with the principle of separation of powers.

Justice Yaacob Md Sam was in support, while Justice Rhodzariah Bujang dissented. They made no order as to cost.

“We find merits in this applicatio­n... the fact is the stay order is to restrain the EC from conducting its constituti­onal duty,” ruled Justice Idrus, agreeing with the EC’s lawyer senior federal counsel Datuk Amarjeet Singh.

On Dec 7, the High Court threw out the judicial review applicatio­n filed by the Selangor Government to challenge the EC’s proposed redelineat­ion exercise in the state. Selangor is appealing against this decision and the hearing is pending in the Court of Appeal.

However, the court allowed Selangor’s applicatio­n to suspend the local inquiry process for parlia-

mentary and state constituen­cies in the state, pending a decision on the appeal by the Court of Appeal.

Local enquiries – which are where the EC hears objections from the public, local authoritie­s and state government – must be held before the EC can conclude its redelineat­ion process.

The stay effectivel­y paused the EC’s redelineat­ion exercise in Peninsular Malaysia, as it was expected to produce a single complete redelineat­ion report representi­ng all states.

Earlier yesterday, Amarjeet Singh argued that staying the local enquiry interfered with the separation of powers by having the court

hinder the EC from carrying out its function for Dewan Rakyat.

The state government’s lawyer Datuk Ambiga Sreenevasa­n replied that it was too early for the court to decide on the issue, as that was a matter for a full hearing, not for a side applicatio­n over whether a stay should be given.

“The status quo needs to be preserved, so either party’s rights can be protected... if the stay is set aside, our appeal would be dead in the water,” she said.

Speaking to reporters after the decision, Selangor state executive councillor Elizabeth Wong said it was unfortunat­e that the stay was

lifted, as it meant the state government’s bid to declare the EC’s redelineat­ion exercise unconstitu­tional could be rendered moot.

She said the fact that the decision was not unanimous suggested there could be some merit to their appeal.

Last week, the state government failed in its attempt to recuse Justice Idrus, on the grounds of danger of bias, as he had heard similar legal challenges against redelineat­ion exercise in other states.

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 ??  ?? Dry run: Young voters learning about the voting process set up by the Election Commission during the recent voter education programme ‘Generasi Penggerak Demokrasi’ at Selayang Community College in Kuala Lumpur.
Dry run: Young voters learning about the voting process set up by the Election Commission during the recent voter education programme ‘Generasi Penggerak Demokrasi’ at Selayang Community College in Kuala Lumpur.

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