Ambiga questions EC’s haste on local enquiries, says GE not valid reason

Source: The Malay Mail Online

Datuk Ambiga Sreenevasan, who is representing the Selangor government, says the EC has not given ‘concrete reasons’ for the apparent urgency. ― Picture by Choo Choy May

PUTRAJAYA, Dec 14 — Lawyer Datuk Ambiga Sreenevasan today asked why the Election Commission (EC) must rush for local enquiries in Selangor when it still has months to do so, arguing it need not complete its redelineation before the general election.

The EC must then show the need for an urgent court hearing for its bid for permission to carry out local enquiries in the state amid an ongoing lawsuit against its redelineation exercise, Ambiga added.

“What is the urgency, because they have until September 2018 to complete the redelineation exercise.

“What is the reason for this haste that they cannot wait until January? It’s December now, what local enquiries are held when others are on holiday? They can wait until January,” she told the Court of Appeal today.

Ambiga, who was representing the Selangor government, said the EC has not given “concrete reasons” for the apparent urgency. Read more

Selangor loses bid to remove judge in EC challenge, but wins more time

Source: The Malay Mail Online

Palace of Justice — File picture by Yusof Mat Isa

PUTRAJAYA, Dec 14 — The Selangor government failed to get a judge to recuse himself from its lawsuit against the Election Commission (EC) today, but obtained an adjournment of the hearing on the agency’s bid to proceed with local enquiries in the state.

Tan Sri Idrus Harun, who chaired the Court of Appeal panel hearing the matter this morning, dismissed the Selangor government’s application today for his recusal over an alleged “real danger of bias”.

“After considering the application, I find no merits to this application,” he said today without elaborating.

Idrus then allowed the state government’s application to postpone the hearing initially fixed for today, to give it time to respond to an EC notice that was only served to the state government two days ago.

“So as regards the second application, we allow an adjournment to enable the respondent to file an affidavit in reply. The case is therefore adjourned to December 18,” he said. Read more

EC wins appeal to set aside injunction preventing submission of redelineation report to PM

Source: The Malay Mail Online

PUTRAJAYA, Oct 30 — The Election Commission (EC) today won in its appeal to set aside an injunction order obtained by the Selangor Government to stop the commission from submitting its redelineation report to the prime minister.

A Court of Appeal three-man bench, comprising Datuk Umi Kalthum Abdul Majid, Datuk Ahmadi Asnawi and Datuk Suraya Othman, unanimously allowed the appeal by the EC, its chairman Datuk Seri Mohd Hashim Abdullah and secretary Datuk Abdul Ghani Salleh, with no costs.

Justice Umi Kalthum, who chaired the panel, however, did not state the grounds for allowing the EC’s appeal.

Nevertheless, the Selangor government still has a stay order against the EC from conducting local inquiries in the state pending a High Court decision on the states’s judicial review application , which has been fixed on Dec 7. Read more

Lawyer: ‘Incredible’ that EC did nothing to find addresses lost since 2002

Source: The Malay Mail Online

KUALA LUMPUR, Oct 24 — The Election Commission’s (EC) claim that it did not have some voters’ addresses and its failure to restore others lost during a 2002 data migration were “incredible”, a court was told today.

Datuk Ambiga Sreenevasan, a lawyer representing the Selangor government, argued that the EC’s redelineation exercise would not be valid without the addresses of 136,272 voters in Selangor that it said were deleted more than a decade prior.

“The EC claims they destroyed addresses in 2002. That really begs the question, what have they done in 2002 to 2017? Why have they done nothing to update the roll and obtain addresses?” she told the court.

“The main question for the court is: can you delimit without addresses and should you be allowed to delimit without addresses? The best practice, we would say, you must have addresses.

“It’s quite incredible to hear that the EC does not have the addresses of voters. That, to me, is incredible,” she added. Read more

Selangor loses final bid for EC data

Source: The Malay Mail Online

PUTRAJAYA, Sept 27 — The Federal Court today rejected the Selangor government’s application for leave to appeal a decision denying it Election Commission (EC) documents on 136,272 dubious voters.

Lawyer Latheefa Koya, who represented the state government, said the court ruled that there was nothing “novel” about the seven questions that were submitted for its consideration.

“We are not happy but we have a long way to go. The main issue of the judicial review on the redelineation exercise is still ongoing.

“At least there we have successfully filed for an injunction to stop the EC from submitting its report to the prime minister, which the Attorney-General’s Chambers is appealing on behalf of the EC on Oct 30 at the High Court,” she told reporters after the hearing. Read more

Court allows EC’s appeal over delineation in Selangor

Source: FMT News 

PUTRAJAYA: The Selangor government today suffered a setback in its on-going judicial review application against the Election Commission (EC) with regards to the redelineation exercise.

A three-man Court of Appeal bench chaired by Mohd Zawawi Salleh allowed the EC’s appeal that it was not required to provide to the state government the locality code and locality name used in the 1994 and 2003 exercise.

“We allow the EC’s appeal and set aside the High Court order,” he said.

The bench also dismissed the state’s appeal to cross examine EC Chairman Mohd Hashim Abdullah.

“We dismiss the respondent’s (Selangor government) appeal and affirm the decision of the High Court,” Zawawi said in the packed court room. Read more

EC can’t submit final redelineation report to PM yet, court rules

Source: The Malay Mail Online 

Azizul said the EC cannot submit its current report as the final one because of an ongoing legal dispute. — Picture by Saw Siow Feng.

KUALA LUMPUR — The Selangor government was granted a court order today stopping the Election Commission (EC) from submitting its report on the redrawing of electoral constituencies to the prime minister.

In granting the injunction order, High Court judge Azizul Azmi Adnan said the EC cannot submit its current report as the final one until the end of an ongoing court challenge by the Selangor government.

“The reason that I’m granting this order is because the respondents (EC) do not disagree with your interpretation of Section 8 of the 13th Schedule, in essence, that there can only be one report to the prime minister and that report can only be issued once the States of Malaya is [done] and no report can be given to PM which excludes the state of Selangor,” he said.  Read more

Selangor fail injunksi halang inkuiri SPR

Sumber: FMT News

Azmin Ali berkata, laporan SPR tidak berperlembagaan jika Selangor dikecualikan apabila SPR mengemukakan laporan persempadanan semula kepada perdana menteri untuk kelulusan Dewan Rakyat. Gambar dipetik dari FMT News.

PETALING JAYA: Kerajaan Selangor yang diketuai PKR memfailkan permohonan injunksi untuk menghalang Suruhanjaya Pilihan Raya (SPR) menjalankan siasatan ke-2 ke atas persempadanan semula di Semenanjung sehingga kesnya diputuskan mahkamah.

Ia juga mahu mahkamah mengeluarkan perintah untuk menghalang SPR menyerahkan laporan persempadanan semula kepada Perdana Menteri, Datuk Seri Najib Razak yang di bawah Perlembagaan Persekutuan akan membentangkan keputusan itu di Dewan Rakyat untuk mendapatkan kelulusan.

Peguam, Latheefa Koya berkata, hakim Mahkamah Tinggi, Azizul Azmi Adnan akan mendengar permohonan itu pada 5 Julai ini.

“Selangor sebagai entiti Malaya tidak boleh dikecualikan apabila SPR mengemukakan laporannya kepada perdana menteri,” katanya kepada FMT.

Beliau berkata, Menteri Besar Selangor, Datuk Seri Mohamed Azmin Ali memfailkan 1 afidavit untuk menyokong permohonan yang dikemukakan pada 20 April lalu.

Timbalan presiden PKR itu berkata, tindakan SPR menerbitkan notis ke-2 untuk melakukan inkuiri ke-2 melanggar Perkara 113 (6) Perlembagaan yang menyatakan perlu ada semakan semula berasingan untuk negeri di Malaya, Sabah dan Sarawak. Read more