KUCHING: The High Court nullified the Election Commission redelineation exercise for the state and ordered it to republish the notice of its proposed recommendations in full compliance with the provisions contained in the Thirteenth Schedule of the Federal Constitution.
Justice Datuk Yew Jen Kie, in her ruling on the judicial review brought by Batu Lintang assemblyman See Chee How and Pauls Baya, a voter in Ulu Baram, granted a declaration that there was a serious and considerable lacking in detailed particulars in EC’s proposed recommendation and draft Constituency Plan which are opened from Jan 5 to Feb 4 this year.
The High Court judge said it was essential for the commission to publish the electoral roll, list of proposed changes and affected areas to ensure voters affected by the redrawing were made aware. She added that failure in the EC’s part to publish the notice in detail had breached requirements spelt out in the Federal Constitution.
The ruling meant that the EC had to start its redelineation exercise all over again.
See who is also state PKR vice-chairman and Pauls filed an application to seek a court declaration that the proposed recommendation for delineation exercise is null and void, as it was not done in compliance with the Federal Constitution’s Thirteenth Schedule. The court granted them leave on Feb 17.
“The notice that was published on Jan 5 contravenes the provision under the Thirteenth Schedule of the Federal Constitution. It breaches provisions under Section 2, 4 and 5. The principles of the delineation are laid down under Section 2 of the Thirteenth Schedule. EC should comply with those principles and the notice that was published should contain those details.
“We are happy to have contributed towards making the delineation process more complete. EC must follow all the principles in their delineation and delimitation exercise. With the court’s declaration, future process would have to be more open, transparent and accountable to voters,” See told reporters when met after the proceeding.
He mentioned that the EC had attempted to get the court to declare the judicial review academic as the delineation had already been completed. State EC deputy director submitted an affidavit in opposition yesterday morning. The affidavit said local hearings have been completed and that EC was in the midst of preparing a report to be submitted to the prime minister and Parliament.
A senior federal counsel representing the EC, Azizan Mohd Arshad, told reporters outside the court that the Attorney General will study the decision before deciding on making an appeal.
He added that there was no time frame for the EC to republish the notice, although the process would have to be completed within two years upon its publication.
Another counsel, Shamsul Bolhassan, said there was no issue of unconstitutionality in the EC’s part as the notice only lacks particulars such as the names of the electoral rolls and land mass among others.
He pointed out that EC had complied within the purview of the Federal Constitutions and that it is up to the commission whether to republish the notice.
The State Election Commission director Datu Takun Sunggah when contacted said the EC would issue an official media statement on the court decision.