The Bar Council has questioned the constitutionality of the inclusion of Section 9A in the Election Act 1958, following a court decision declaring the Likas election result null and void.
Its president Lim Chee Wee said the matter of whether or not the courts can challenge the validity of the electoral roll should be a constitutional question.
"I, as a lawyer, doubt the constitutionality of the amendment," he told an international forum on the 13th general election (GE13) in Kuala Lumpur, this morning.
The amendment was inserted into the Act by the government after the decision by the courts which deemed the electoral roll during the 1999 Likas by-election in Sabah was flawed and not valid.
Its president Lim Chee Wee said the matter of whether or not the courts can challenge the validity of the electoral roll should be a constitutional question.
"I, as a lawyer, doubt the constitutionality of the amendment," he told an international forum on the 13th general election (GE13) in Kuala Lumpur, this morning.
The amendment was inserted into the Act by the government after the decision by the courts which deemed the electoral roll during the 1999 Likas by-election in Sabah was flawed and not valid.
This was due to the inclusion of non-citizens and individuals convicted for possession of fake identity cards in the electoral roll.
Section 9A, which was later introduced, stated that once certified, the electoral roll is final and thus exempt from judicial review of any kind.
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