Challenge to EC's redelineation by DAP MPs dismissed

The High Court in Ipoh today threw out the judicial review application filed by two DAP lawmakers to challenge the Election Commission's (EC) redelineation exercise.

Justice Che Ruzima Ghazali refused to grant leave to Ipoh Timur MP Thomas Su and Ipoh Barat MP M Kulasegaran on their application, which was deemed frivolous.

Earlier this week, the High Court in Malacca had granted leave for an application in a similar judicial review case, where Justice Vazeer Alam Mydin Meera held there are cogent grounds to challenge the EC.

Kulasegaran, in a statement today, said the court brought up six issues.

Three of them are Selangor's exclusion from the redelineation exercise, whether EC had adhered to Section 4(a) of the Thirteenth Schedule of the Federal Constitution, and whether the notice or proposed recommendations were issued without jurisdiction. 

The other issues are whether the proposed recommendations were unconstitutional and whether the first local inquiry for the two constituencies on Nov 1, was unlawful. 

Justice Che Ruzima, Kulasegaran said, held the six issues were frivolous and there are no arguable grounds for the case to be heard in its full merits. 

“The judge also held the position that Su (photo) and I can ventilate all the above issues during the second local inquiry, which is yet to be held, and that this application is premature,” said Kulasegaran, adding that he and Su were shocked and disappointed with the decision.

This, he noted, despite them having handed the decision of the High Court in Malacca as grounds for Justice Che Ruzima to consider as reference. 

However, Justice Che Ruzima held that the court was bound by the Court of Appeal's decision in the case of See Chee How and Nurul Izzah Anwar against the EC.

Kulasegaran said there is still hope for the application, as it will be taken up before the Court of Appeal. 

“A discussion among lawyers and other stakeholders would be held soon to decide on this matter,” he said, adding that his team also comprised of Surendra Ananth, N Selvam and A Vemal.

Senior federal counsel Suzanna Atan, Azizan Md Arshad, Shamsul Bolhassan and Nik Azrin Zainun appeared for EC.

"The court should have questioned the EC when it refused to give reasons on why matters we had argued before the tribunal were not divulged to us.

"By not questioning, or by saying not all is lost, as we have another opportunity at the second inquiry, shows that the court had missed a golden opportunity to right a wrong done by the EC," Kulasegaran added. - Mkini