Nurul fails in bid to strike out dubious voter

The court has no jurisdiction to review, quash or set aside electoral roll once it had been gazetted under Section 94A of Elections Act 1958.

KUALA LUMPUR: Lembah Pantai MP Nurul Izzah Anwar today failed to get a High Court order to compel the Election Commission (EC) to strike out dubious voter names in the electoral roll at her constituency.

Judge Zakaria Sam dismissed leave application for a judicial review filed by Nurul Izzah for a declaration that the refusal by the Chief Registrar of Election to strike out the voter names in the principal electoral roll of Lembah Pantai in 2011 and suplimentary electoral roll of her constituency for the second quarter of 2012, was illegal and invalid.

On March 22, Nurul Izzah, who is PKR vice-president, and a registered voter, Kadir Sultan Abd Majid, filed the application, naming the chief registrar of election, EC, national registration department (NRD) director-general and the government, as respondents.

Zakaria made the decision in chambers after hearing submissions from Nurul Izzah’s counsel, Edmund Bon, and senior federal counsel Amarjeet Singh and Suzana Atan who acted for the respondents.

Amarjeet told reporters the judge held that the court had no jurisdiction to review, quash or set aside electoral roll once it had been gazetted under Section 94A of Elections Act 1958.

He said the judge also held that the applicants (Nurul Izzah and Kadir Sultan) had no cause of action for judicial review as there was no decision or ommission by the chief registrar.

“The applicants sent three letters to the chief registrar dated March 4, and he (chief registrar) replied that he was looking into the matter. So, there is no decision or ommission by him,” he added.

Bon, when asked whether he would file an appeal over the outcome, said he would discuss with his client.

Nurul Izzah, in her application, claimed that she, through her agent, had conducted a check of the electoral roll and it showed that there were many names that should not be registered but struck out as they (names) were registered with incomplete or unknown addresses, non-residents of Lembah
Pantai and names of voters who were dead.

She said she had sent three letters to the chief registrar dated March 4, this year to strike out the names of those who were dead, and non-residents of Lembah Pantai. A total of 4,637 names were registered with incomplete or unknown addresses.

Nurul Izzah said the chief registrar had, on March 6, replied to the letters, stating that he was still looking into it.

Bernama