KUALA LUMPUR, Nov 28 2016 : The High Court here today allowed the Selangor Government’s application for an interim stay of the Election Commission (EC)’s inquiry proceedings on the proposed redelineation of electoral boundaries for parliamentary and state constituencies in the state.
Judicial Commissioner Azizul Azmi Adnan in his ruling said the stay was granted pending hearing of the Selangor government’s leave application for a judicial review on Dec 16.
He said there were special circumstances to grant the stay and it would not prejudice the EC on “preservation of the status quo”.
He also said if he denied the stay and the inquiry proceeded, the leave application by the Selangor Government would become academic.
The court made the ruling after hearing submissions from counsel Datuk S. Ambiga, representing the state government and Senior Federal Counsel Suzana Atan who acted for the EC, its chairman, Datuk Seri Mohd Hashim Abdullah and secretary, Datuk Abdul Ghani Salleh.
On Oct 19, the Selangor 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 that the proposed redelineation, from a 2016 study by EC, was unconstitutional, inconsistent with Clauses 2(c) and 2(d) of Article 113(2) of the Thirteen Schedule of the Federal Constitution, and null
The Gombak Member of Parliament is also seeking a declaration that 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.
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