10,000 Selangor voters fail court challenge against EC redelineation report

Source: The Malay Mail Online

Datuk Ambiga Sreenevasan speaks to members of the press at the Shah Alam High Court on April 20, 2018.― Picture by Yusof Mat Isa

SHAH ALAM, April 20 ― The High Court today dismissed a judicial review application by over 10,000 Selangor voters to challenge the Election Commission’s (EC) redelineation report will be used in the May 9 polls.

In her judgment, Justice Datuk Azimah Omar held that the 107 applicants representing the 10,000 voters were not affected by EC’s redrawing of electoral boundaries, and as such, don’t have locus standi to mount the challenge.

“The 107 applicants are simply not in the constituencies in question,” she said.

The judge pointed out that the applicants must prove that they were adversely affected by the EC’s decision.

“There are no reasons whatsoever which warrants this court to interfere with the Parliament’s conducts or the Parliament’s privilege,” she added. Read more

Verdict on the judicial review application filed by over 10,000 Selangor voters

Source: The Malay Mail Online

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.

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

Agong consents to EC’s redelineation report, new voting boundaries take effect today

Source: The Malay Mail Online

Malaysian electoral votes being taken for counting — Picture by Saw Siow Feng

KUALA LUMPUR, March 29 — The Election Commission’s (EC) proposed new voting boundaries and renaming of seats will be implemented from today.

This is after the Yang di-Pertuan Agong gave his royal assent to the redelineation recommendations.

In an order gazetted today by the federal government, it was stated that the Yang di-Pertuan Agong had exercised his powers under the Federal Constitution’s Thirteenth Schedule’s Section 9 to make the order for the EC’s proposals to be implemented from today.

“This order comes into operation on March 29, 2018.

“The recommendations contained in the report of the Election Commission dated March 6, 2018 shall have effect from the date of the coming into operation of this Order,” the order dated March 28 said. 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