SELANGOR BID DISMISSED

Redelineation exercise the exclusive province of legislature, says court

THE Selangor government has failed in its bid to challenge the notice and recommendations by the Election Commission (EC) on its proposed redelineation exercise.

In dismissing the state government’s judicial review application, judge Azizul Azmi Adnan said the application was non-justiciable as the redelineation exercise was the exclusive area of the legislature and that any intervention by the judiciary would overstep the separation of boundaries.

He said the Hight Court was bound by two Court of Appeal decisions in similar applications by voters in Melaka and Perak.

“For these reasons, I am dismissing the application.”

The court granted a stay on local inquiries in the state pending appeal.

On Oct 19 last year, the state government, represented by its menteri besar, Datuk Seri Azmin Ali, filed an application for a judicial review against the notice and recommendations by EC of its proposed redelineation.

He sought a declaration that the proposed redelineation, from a 2016 study by 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.

Azmin, who is also Gombak member of parliament, is also seeking a declaration that 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.

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

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