Court throws out challenge against Segamat army voters

The judicial review application filed by 48 Segamat voters from the DAP and Amanah challenging the entry of 949 army voters and their spouses into the electoral roll, was today thrown out by the High Court in Kuala Lumpur today.

Justice Kamaludin Md Said dismissed the application after ruling out that the entry of the 949 army voters into the roll, which has been gazetted by the Election Commission (EC), is non-justiciable.

"The judge cited that Section 9A of the Elections Act applies, which is an ouster clause that says the once the name is gazetted, the matter is non-justiciable," said lawyer Michelle Ng, who appeared for the voters.

Justice Kamaludin made no order as to costs.

Ng said she would take her clients' instructions on whether to appeal today's decision.

Senior federal counsel Muzila Arshad appeared for the Attorney-General's Chambers (AGC).

The AGC had made a preliminary objection on grounds that since the names have been gazetted and under Section 9A, it cannot be reviewed by the court.

Ng (left in photo) had previously countered the argument against such ouster clause, citing the decision made by the Federal Court in the Indira Gandhi and Semenyih Jaya Sdn Bhd case.

It was reported two weeks ago that the 949 dubious voters were gazetted on Feb 21, the same day the EC's appeal was allowed in the case at the Court of Appeal (COA), resulting in the case being struck out on the grounds the 48 voters had not exhausted their appeal.

Initially, the voters were granted leave when they filed the first judicial review application, after which the appeal was heard at the COA on Feb 21.

The 48 voters filed a new application on Feb 26 on grounds that the construction of the camp had not been completed and the army voters should therefore not be gazetted as voters. -Mkini