PUTRAJAYA: Selangor government failed in its bid to stop the Election Commission (EC) from presenting its local inquiry report on the redelineation of electoral boundaries to the prime minister for tabling in the Dewan Rakyat.
The state government was seeking to restrain the EC from submitting its report pending disposal of an appeal pertaining to its judicial review challenging the EC’s exercise in redrawing the electoral boundaries in Selangor.
A three-man bench comprising Justices Tan Sri Idrus Harun, Datuk Kamardin Hashim and Datuk Yaacob Md Sam dismissed the state government’s application to restrain the EC from submitting the report under Section 8 of the 13th Schedule of the Federal Constitution to the prime minister.
Idrus who chaired the bench said the court was of the opinion that the effect of the restraining order, if the court was minded to grant the application, would stifle the whole process of delimitation of constituencies under the Federal Constitution.
“Consequently, the House of Representatives would be prevented from receiving and deciding on the report,” he said.
Idrus said the House of Representatives was the ultimate authority to decide on the matter relating to the delineation exercise.
On Dec 7, last year the High Court dismissed the Selangor State government’s judicial review application to challenge the EC’s proposed redelineation exercise in Selangor.
In the application, the state government sought a declaration that the proposed redelineation from a 2016 study by the EC, was unconstitutional.
It also sought a declaration that the EC’s failure to use the latest electoral roll in the redelineation was unconstitutional.
The Selangor government’s appeal against the High Court’s dismissal of their judicial review would be heard by the Court of Appeal on March 23. Lawyer Datuk Dr Gurdial Singh Nijar represented the state government while senior federal counsel Datuk Amarjeet Singh appeared for the EC. — Bernama