‘No’ to detailed redelineation info

> Court rules EC not obligated to provide information beyond what is required

PUTRAJAYA: Voters are not entitled to information on the redelineation of electoral boundaries, other than what is provided by the Election Commission (EC), the Court of Appeal ruled yesterday.

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

There is nothing in the Constitution, the Act, or any other statutory provisions requiring the EC to provide information beyond what is required, he added.

The panel, chaired by Justice Datuk Tengku Maimun Tuan Mat, dismissed an appeal by activist Haris Fathillah Mohd Ibrahim against a High Court decision rejecting 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.

Justice Zamani also ruled that Haris Fathillah did not state how his rights were affected by the EC’s decision.

“The appellant must show he has locus standi or standing or tangible interest to seek a declaration,” he said, adding that Haris Fathillah merely stated 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 January 2015, but High Court judge Datuk Asmabi Mohamad dismissed the application on June 11 that year 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 a map of the electoral boundaries, reasons for the redelineation exercise and all documents used for the purpose.

He wanted the information to be provided to him to enable him to make an effective representation on the proposed recommendations of redelineation exercise.

Haris Fathilah told reporters he would seek the advice of his lawyers on whether to bring the case up to the Federal Court. – Bernama