Another unsuccessful suit against EC's local inquiry process

A group of seven voters have withdrawn their suit to seek a court declaration that the Election Commission's (EC) local inquiries were invalid because the voters were not allowed legal representation during the process.

The plaintiff's lawyer Shahid Adli Kamarudin said his clients had decided to do so after scrutinising a court ruling on a related case brought by Lembah Pantai MP Nurul Izzah Anwar and 10 others.

"We have decided not to proceed with the application (for judicial review) after studying the Court of Appeal's decision in the Nurul Izzah case that there is no absolute right for legal representation during local inquiries," he said.

The EC is legally obligated to hold inquiries if there are more than 100 objectors to the redelineation proposal. 

In January, the seven voters sought a judicial review on the validity of the local inquiries in view that the cannot have lawyers present.

The plaintiffs argued that this was against Article 5 of the Federal Constitution and right to legal representation clauses under Section 18 and 19 of the Commission of Enquiry Act 1950.

The seven voters are Chua Yee Ling, Chai Wee Siong, Hashim Yusof, Zamri Yusof, Muhammad Arafat, Mohd Isa Ahmad and Dr Chong Fat Full.

They each represent 100 voters from constituencies in Kedah, Perak and Johor.

The case brought by the seven voters was one of several which were initiated following the EC's ongoing attempts to redraw electoral boundaries.

Presently, there is only one case - brought by the Selangor government - that has yet to be decided.-Mkini