The High Court here today allowed the Selangor Government's application to stay the Election Commission's (EC) inquiry on the proposed redelineation of electoral boundaries for parliamentary and state constituencies in the state.
Judicial Commissioner Azizul Azmi Adnan made the ruling after finding that the state government had complied with all the provisions for the stay application and there were special circumstances to grant the stay.
He also said the state government had the right to object to the proposed redelineation.
The court granted the stay, pending hearing of the Selangor Government's judicial review application on Jan 20.
Azizul Azmi made the ruling after hearing submissions from counsel Datuk Dr Cyrus Das and Datuk S. Ambiga representing the state government while Senior Federal Counsel Datuk Amarjeet Singh, Suzana Atan and Azizan Md Arshad acted for the EC, its chairman, Datuk Seri Mohd Hashim Abdullah and secretary, Datuk Abdul Ghani Salleh.
This morning, the court granted the Selangor Government's leave application for a judicial review and set Jan 20 to hear the merits of the judicial review application.
On Oct 19, the state government represented by Menteri Besar Datuk Seri Mohamed Azmin Ali filed the leave application to challenge the proposed redelineation of electoral boundaries for parliamentary and state constituencies in Selangor by the EC.
He is seeking a declaration the proposed redelineation, from a 2016 study by the EC is unconstitutional, inconsistent with Clauses 2(c) and 2(d) of Article 113(2) of the Thirteen Schedule of the Federal Constitution, and null and void.
The Gombak member of parliament is also seeking a declaration that the EC's failure to use the latest electoral roll in the redelineation was unconstitutional, not in accordance with Section 3 of the Thirteen Schedule of the Federal Constitution, and thus, null and void.
Mohamed Azmin filed the application on grounds that the EC had acted unconstitutionally, unreasonably and irrationally against Article 113(2) of the Federal Constitution.
He is also seeking, among other reliefs, a declaration that the published notice lacked details, where normal voters, local authorities or state governments cannot exercise their right to make a representation. - BERNAMA
Bernama
Fri Dec 16 2016
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