Polls body in contempt of court over Sarawak boundary redrawing, says Bersih

© Provided by The Malaysian Insider Bersih 2.0 chairman Maria Chin Abdullah says the Election Commission has ignored the group’s explanations on why the redelineation exercise in Sarawak is unconstitutional. – The Malaysian Insider pic by Najjua…

The Election Commission (EC) is in contempt of court by proceeding with its local inquiry on proposed new electoral boundaries in Sarawak pending the outcome of a judicial review on the constitutionality of the exercise, polls reform group Bersih 2.0 said today.

Repeating its call for the EC to stop the inquiry and halt the redelineation exercise, Bersih chairman Maria Chin Abdullah said the commission had ignored its explanations on why the exercise was unconstitutional.

"They began the hearing process after Chinese New Year," she said today, adding that there had been 41 objections since the EC's first notice on the redelineation was published on January 5.

But Maria said people were not well informed about the exercise, as the notice had only appeared in three major newspapers in Sarawak.

On that score, she said the EC had failed to notify the voters who would be affected by the redelineation.

"The newspapers the English-language New Sarawak Tribune, the Malay-language Utusan Sarawak, Borneo Post (Sabah Edition) and New Straits Times, especially the latter two, were not found in many areas affected by the proposed changes," said Maria.

She added that the information published in the newspapers was less detailed than what was available on the EC website. Notices published in the newspapers did not have information on the electoral roll, and the maps did not show polling districts or administrative, physical and infrastructural boundaries.

"To find out more, the people would still have to take time and effort to go to the EC offices where the proposal is displayed in full or get it online," Maria said.

"Again, the net effect is that voters would not know they would be affected and how they would be affected."

Bersih steering committee representative New Sin Yew said the EC's actions were tantamount to contempt of court as judicial review filed against it was still pending.

"EC's actions are frustrating the court proceeding," said New.

Kuching High Court judge Yew Jen Yie had on February 17 granted leave for state PKR vice-chief See Chee How's judicial review application against the redelineation.

The court set March 19 for further mention and to set a date to hear the review filed by the Batu Lintang assemblyman, and a voter in Ulu Baram named Paul Baya.

In their affidavit, the two said the publication, or notification of the EC to review the delineation, was not in compliance with the provisions of the 13th Schedule of the Federal Constitution, and that the EC did not have the power to make changes to parliamentary constituencies in the delineation exercise.

Both are seeking court orders to declare the exercise "null and void and of no effect".