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Verdict on the judicial review application filed by over 10,000 Selangor voters
April 11, 2018 @ 09:00 - 12:00
SHAH ALAM, March 29 — The High Court today fixed April 11 to deliver its verdict on the judicial review application filed by over 10,000 Selangor voters led by Bersih 2.0, objecting to the recent redelineation exercise in the state.
The voters filed a lawsuit through 107 representatives, to ask the court to compel the Election Commission (EC) to hear their objections and to cancel the redelineation report that was submitted to the prime minister.
The redelineation report was however tabled in Dewan Rakyat yesterday, and approved with a simple majority.
“The arguments were heard by both parties, including the argument on whether it is academic, and the court has adjourned the matter to April 11 for a decision,” the group’s lawyer Datuk S. Ambiga said.
“I think we have been asked to advise (our clients), as to whether they (EC) can continue with the election, when there is a pending court decision.
“So we are going to look into that,” she added.
Ambiga expressed hope that the EC would respect the court, and not do anything to override its powers, since the decision has now been fixed for April 11.
The matter today was presided by Judge Datuk Azimah Omar.
The lawsuit was filed last Tuesday at the Shah Alam High Court by former Bersih 2.0 chairman Maria Chin Abdullah, who is among the 107 voters, as well as Selangor lawmakers such as Hannah Yeoh, Xavier Jayakumar, Tony Pua, Lau Weng San, Rajiv Rishyakaran, Haniza Mohamed Talha and Gan Pei Nei.
The voters are from 11 parliamentary seats and 16 state seats in Selangor.
The judicial review application names the EC, Prime Minister Datuk Seri Najib Razak, and Dewan Rakyat Speaker Tan Sri Pandikar Aman Mulia as respondents.
The 107 voters are seeking four court orders, including a declaration that the EC’s failure to hold local enquiries for the 107 objections to its redelineation exercise was “unconstitutional”, and an order to compel the EC to hold local enquiries for the 107 group of voters.
They want the court to declare that the final redelineation report submitted by the EC to the prime minister on March 9 as unconstitutional.
Additionally, they want the courts to issue a stay order to freeze the tabling, debate, discussion or voting on the EC’s redelineation report in the Dewan Rakyat until the end of this lawsuit.
The parliament seats affected are — Selayang, Hulu Langat, Puchong, Kelana Jaya, Petaling Jaya Selatan, Petaling Jaya Utara, Subang, Shah Alam, Kapar, Kota Raja and Sepang.
The state seats are — Kuang, Rawang, Taman Medan, Kota Damansara, Batu Tiga, Sementa, Seri Andalas, Sri Muda, Subang Jaya, Seri Setia, Bukit Gasing, Kampung Tunku, Damansara Utama, Tanjong Sepat, Dengkil and Sungai Pelek.
Bersih 2.0 said that the EC’s failure to include the 107 groups of voters in its second round of local enquiries held from February 26 to March 1 has denied over 10,000 voters their constitutional rights to be heard.
According to Bersih 2.0 acting chairman Shahrul Aman Mohd Saari, the electoral watchdog had sent two official letters dated February 28 and March 9 to the EC, but did not receive any reply.
In the two letters sighted by Malay Mail, the EC was asked to provide the status of the objections and local enquiries for Selangor voters who did not receive any notification from the EC.