Bid to challenge registration of 102 Segamat army voters dismissed

The High Court in Kuala Lumpur today dismissed the leave application by six Segamat voters to challenge the gazetting of 102 army voters in an incomplete army camp located in their parliamentary constituency.

Justice Kamaludin Md Said, who made the decision in chambers, ruled that the six voters have yet to exhaust their avenues, as their appeal to the local inquiry has yet to be heard.

In a judicial review application, leave has to be obtained to ensure the application is not frivolous and vexatious.

Sivarasa Rasiah (photo), appearing for the six voters, told reporters that the court did not make any order on costs.

"We will appeal this decision at the Court of Appeal," he said.

Sivarasa also noted the decision made by another High Court judge who granted leave for 48 Segamat voters to proceed with their judicial review challenge on the inclusion of 949 army voters in the same constituency. 

In that case, Justice Azizah Nawawi turned down the preliminary objection on the judicial review application.

Previously, Sivarasa commented that the EC and Attorney-General's Chambers should not object to the leave application made by the six voters, as there were clear signs that the army camp would not be ready in time before GE14.

"The illegality demonstrated by the respondent including allowing the entry and retention of the 102 names into the third quarter of the electoral roll is questionable, as there is no evidence from the soldiers and their spouses to rebut the claim by the applicants."

"A judicial review as in this case may also be allowed if there is unfairness or arbitrariness in which unfairness in the purported exercise of a power can be such that it is an abuse of power," he had said. -Mkini