Ex-judge says court failed to use its additional powers in EC case

Source: FMT News

Paragraph 1 of the Courts of Judicature Act 1964 gives judges the additional power to remedy a wrong, especially on fundamental rights enshrined in the Federal Constitution, says Sri Ram. Pic taken from FMT News.

PETALING JAYA: The courts have additional powers to check on illegality and correct any injustice with regard to complaints against the Election Commission (EC) in carrying out the redelineation exercise, a retired judge said.

Gopal Sri Ram said judges could then issue the appropriate order to compel the EC to act in accordance with the law.

“The law is that if the EC acts contrary to the Federal Constitution in the exercise of its powers, then the court can examine the legality of the conduct.

“If there is either illegality in the way in which the power is exercised or any injustice has resulted because of the exercise of its powers, the court can issue the appropriate order to compel the EC to act in accordance with the law,” he told FMT. Read more

Court dismisses Melaka voters’ bid to challenge EC redelineation

Source: The Malay Mail Online 

KUALA LUMPUR, July 18 — The Court of Appeal today ruled that seven Melaka voters should not be allowed to continue their legal challenge of the Election Commission’s (EC) redelineation exercise.

Chan Tsu Chong, one of the seven voters and their spokesman, said the appellate court reversed the Melaka High Court’s previous decision for the legal challenge to go on.

“The Court of Appeal allowed the appeal by the AG and EC, which means they dismissed the earlier leave granted by the Melaka High Court,” he told Malay Mail Online when contacted today, adding that no costs was awarded.

Chan said the judges did not give the detailed grounds for their ruling and only stated their agreement with the Attorney-General’s Chambers’ arguments for the EC.

The judges on the three-man panel today were Datuk Umi Kalthum Abdul Majid, Tan Sri Idrus Harun, and Datuk Hasnah Mohammed Hashim. Read more