Redelineation: Selangor to go to apex court despite impending GE14

Source: Free Malaysia Today

State government tells lawyers to file application to obtain leave to challenge the Election Commission in the Federal Court, but the legal battle could be scuttled if BN recaptures Selangor.

Election Commission’s redelineation report 2018. Pic from FMT News.

PETALING JAYA: The Selangor government will file an appeal in the Federal Court to challenge the Election Commission’s (EC) exercise in redrawing electoral boundaries despite the possibility of the 14th general election (GE14) being held in a month or two.

Lawyer Latheefa Koya said the state had given the nod to file the legal papers to obtain leave to appeal in the Federal Court by the end of the month.

“We have been given the green light to file the leave application and will submit the legal questions in order for the apex court to grant approval to hear the merit of the case,” she told FMT. Read more

Redelineation Proposals are Fundamentally Flawed, Inherently Unfair, and Unconstitutional — Malaysian Bar

Source:  Malaysian Bar

Press Release

Redelineation Proposals are Fundamentally Flawed, Inherently Unfair, and Unconstitutional

The Malaysian Bar is deeply disturbed by the overall manner in which the redelineation exercise was conducted by the Election Commission (“EC”), leading up to and including the indecent haste in which the EC’s redelineation proposals were tabled and passed by the Dewan Rakyat on 28 March 2018.

The redelineation exercise was dogged by procedural issues from the very beginning, starting from the redelineation exercise for the state of Sarawak, the proposals for which were presented for public review in January 2015.  In the High Court case of See Chee How & Anor v Pengerusi Suruhanjaya Pilihan Raya Malaysia, the High Court of Sabah and Sarawak at Kuching ruled that the preliminary information provided in the EC’s public notice was insufficient, although this finding was reversed by the Court of Appeal.  The Federal Court in turn refused to grant leave to appeal, on the ground that the proposals had, by then, already been submitted to the Prime Minister. Read more

EC: Copy of review of electoral boundaries report now available online

Source: The Malay Mail Online

Election Commission’s redelineation report 2018. Pic from FMT News.

KUALA LUMPUR, March 31 — A copy of the report on the review of the electoral boundaries, approved by the Dewan Rakyat on March 28 can be downloaded from the Election Commission (EC) official website, beginning today (March 31).

In a statement today, EC chairman Tan Sri Mohd Hashim Abdullah said following approval by the Dewan Rakyat, and subsequently receiving the royal consent, the report was gazetted, effective March 29, in accordance with the provisions of Section 12, Part II, Thirteenth Schedule, of the Federal Constitution.

“The public can download a copy of the review of electoral boundaries report on the recommendations for federal and state election divisions from the EC’s official website, www.spr.gov.my starting today,” he said.

The updates on the polling districts have also been carried out by the EC, and it was gazetted yesterday, in accordance with the provisions of Section 7 (1) and (2) of the Election Act 1958 [Act 19]. — Bernama

Sempadan baru PRU tidak adil — Bersih 2.0

Sumber: The Malay Mail Online

30 MAC — Pada 28 Mac 2018, parlimen Malaysia telah meluluskan laporan persempadanan semula yang telah dikeluarkan oleh Suruhanjaya Pilihan Raya (SPR) walaupun protes diadakan untuk menarik balik laporan tersebut dari perbicaraan yang belum selesai oleh 107 plaintif yang mewakili lebih daripada 10,000 pengundi terhadap penukaran semula tidak adil oleh SPR.

Gabungan Pilihan Raya Bersih Dan Adil (Bersih 2.0) menyifatkan bahawa parlimen telah menghina dan melanggar prinsip pemisahan kuasa.

Keputusan speaker Tan Sri Pandikar Amin untuk membentangkan laporan tersebut walapun kes mahkamah masih belum selesai adalah melangkaui kuasa autoriti.

Tindakan beliau seolah-olah langsung tidak menghormati badan kehakiman. Read more

Selangor fails again in bid to challenge redelineation

Source: Free Malaysia Today

Election Commission’s redelineation report 2018. Pic from FMT News.

PUTRAJAYA: The Selangor government has again failed to challenge the Election Commission’s (EC) exercise in redrawing electoral boundaries for the 14th general election (GE14).

In a unanimous decision, a three-man bench chaired by Ahmadi Asnawi today dismissed the state’s appeal, a day after the Dewan Rakyat passed a motion to approve the EC’s recommendations.

Justice Vernon Ong Lam Kiat, who delivered the oral judgment, said the EC’s proposals could not be challenged in court by way of a judicial review.

“The proper forum is to go to the local inquiry to challenge the EC’s proposals,” he said.

He added that any act or omission by the EC was not amenable to judicial review under Order 53 of the Rules of the High Court.

Ong said the court could, however, receive and hear complaints if any objections were not heard in a local inquiry. Read more

Redelineation: 18 parliament seats in Selangor to see changes

Source: Free Malaysia Today

The EC’s redelineation proposals will affect 18 of Selangor’s 22 parliament seats. Besides the transfer of voters and polling districts, the EC has also proposed a name change for five parliament and nine state constituencies in Selangor.

Election Commission’s redelineation report 2018. Pic from FMT News.

PETALING JAYA: The electoral boundary changes recommended by the Election Commission (EC) in its redelineation report for Selangor will affect 18 of its 22 parliament seats.

Of the 18 seats, only two are currently held by Barisan Nasional (BN).

The rest are represented by PKR (9), DAP (4), Amanah (2) and PAS (1).

The BN seats are Tanjong Karang and Kuala Selangor while PKR-controlled seats are Selayang, Gombak, Ampang, Pandan, Subang, Kelana Jaya, Kapar, Kuala Langat and Petaling Jaya Selatan.

DAP has Petaling Jaya Utara, Puchong, Klang and Serdang, while the sole parliament seat represented by PAS is Hulu Langat. Two other seats won by PAS in the last general election (GE13) but whose MPs have since crossed over to Amanah are Shah Alam and Kota Raja. Read more

EC chief admits racial redelineation, says ethnic groups can’t be split

Source: The Malay Mail Online

EC chairman Tan Sri Mohd Hashim Abdullah — Picture by Yusof Mat Isa

KUALA LUMPUR, March 29 — The Election Commission (EC) admitted today that its redelineation proposal drew constituency boundaries along racial lines, as it believed ethnic groups should be kept together.

EC chairman Tan Sri Mohd Hashim Abdullah told New Straits Times in an interview that the commission took both geographical and ethnic aspects in consideration when redrawing the boundaries.

“We cannot simply divide an ethnic group in any particular area,” Mohd Hashim was quoted saying.

“Some question why we ‘take’ this area. These people see it only from a location aspect, but we have to consider the ethnic breakdown. We cannot put half of the community in one constituency and the other half in another. As best as we can, we try to keep them together. Redelination is made in voters’ interest,” he added. Read more

Redelineation report will result in increased ethnic segregation, group says

Source: The Malay Mail Online

The 14th general election is due in four months and the EC’s current redelineation proposal is largely expected to be gazetted and be used in time for the national polls. ― Picture by Choo Choy May

PETALING JAYA, March 29 — The Election Commission’s redelineation report will result in increased ethnic segregations as it packs different races into different constituencies, a group has said.

Tindak Malaysia (TM) mapping adviser Danesh Prakash Chacko said this occured in Perak where Malay voters were moved into Barisan Nasional territories.

“Chinese voters are packed into Pakatan Harapan seats, while Indian voters are packed into marginally BN areas,” he told the Malay Mail.

Danesh said the Indian voters in Perak could be used to swing the tide, as certain seats have significant number of Indians.

“Another factor to swing the vote would be the Orang Asli, who traditionally favour BN, even though their areas are not affected by the redelineation exercise,” he said. Read more

Sabah excluded from EC’s redelineation report despite state amendment to increase seats

Source: The Malay Mail Online

The 14th general election is due in four months and the EC’s current redelineation proposal is largely expected to be gazetted and be used in time for the national polls. ― Picture by Choo Choy May

KUALA LUMPUR, March 28 ― The Election Commission (EC)’s redelineation report tabled today in Parliament did not include any recommendations for electoral boundary changes in Sabah.

This is despite the Sabah state government amending the state constitution in August 2016 to increase the amount of state assembly seats there from 60 seats to 73 seats, around the same time the EC started their redelineation study nationwide. Read more

Election Commission and the courts — Gurdial Singh Nijar

Source: The Sun Daily

BY GURDIAL SINGH NIJAR
(Deputy President, HAKAM)

ON March 2 the Court of Appeal dismissed an application by the Selangor government to stay all proceedings of the Election Commission (EC) until its appeal on the constitutionality of the re-delineation exercise was heard in some three weeks’ time.

The Selangor government had filed for judicial review of the EC’s redrawing of boundaries exercise because it said:
» The EC had not followed the principles on which this could be done under the (Federal) Constitution;
» In carrying out the exercise, the EC had not complied with the mandatory procedure for the process as prescribed by the constitution;
» It had used a flawed electoral roll; and
» There were names of voters on the roll with no corresponding addresses.

All rather serious allegations which could render the EC’s exercise fatally unconstitutional. Read more