State government is seeking a judicial review less than a month after appeals court lifted a stay order on the Election Commission’s exercise.
This new challenge comes less than a month after the Court of Appeal lifted a stay order preventing the Election Commission (EC) from redrawing the electoral boundaries in Selangor.
In an application for a judicial review filed on Friday, the PKR-led state government also sought an injunction to stop the EC from conducting the local inquiry, pending the outcome of their application.
The state government named the EC, its chairman Hashim Abdullah and Selangor EC director Ikmalrudin Ishak as respondents.
Menteri Besar Azmin Ali, in his affidavit to support the judicial review application, said there was a breach of natural justice as the state government was notified less than a week about the inquiry hearing on Jan 8.
“Besides that, we were only allowed to present our case within 30 minutes, and without legal representation,” he said, adding that this was a breach of his constitutional rights.
Azmin also said that if an injunction was not granted, the EC would proceed to conduct a local inquiry without taking proper considerations of the state’s concerns, such as malapportionment, gerrymandering, severance of local ties and non-compliance with the Thirteenth Schedule of the Federal Constitution.
“The EC had two years until 2018 to complete the redelineation exercise. And they have plenty of time until Sept 14 to do so.”
Azmin said the Selangor government was not attempting to stop the EC from exercising its constitutional duty but wanted a longer time to prepare themselves for the enquiries.
The Shah Alam High Court fixed Jan 8 for case management.
On Dec 7, 2017, the Kuala Lumpur High Court dismissed Selangor’s judicial review application to question the EC’s redelineation exercise.
However, Justice Azizul Azmi Adnan, who heard the case, granted a stay order pending the Selangor government’s appeal.
The Court of Appeal, however, reversed the stay order less than two weeks after the High Court’s decision.
After the dismissal of the stay order, the EC begun the local inquiry on Dec 28.
The Selangor government filed the legal challenge in October 2016, seeking to nullify the EC’s notice of redelineation, claiming it violated the Federal Constitution.
Court lifts obstacle on EC to start redelineation process in Selangor
Court lifts obstacle on EC to start redelineation process in Selangor
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