Penang's appeal vs EC fixed for next month at Federal Court.

The Penang government's leave to appeal against the Election Commission on its redelineation of electoral constituencies is to be heard in the Federal Court on April 23.

This was confirmed by the state's lawyer Leong Cheok Keng, who is also Malim Nawar assemblyperson, after the date was fixed recently by the apex court following case management.

Three weeks ago, the Penang government filed the motion for leave to appeal the matter, just before Prime Minister Najib Abdul Razak tabled the redelineation report in Parliament.

Eight questions are posed before the Federal Court to consider, with two of the questions cited for leave are whether the judicial review application consented to by the Penang state legal advisor can be challenged by the Attorney-General’s Chambers (AGC), and whether the AGC can represent the EC.

As with other states, the Penang state legal advisor had been seconded to the state from the AGC.

Affidavit affirmed by Penang CM

Penang Chief Minister Lim Guan Eng affirmed an affidavit in support of the application, in which he stated that the English Court of Appeal had permitted a judicial review of a redelineation by the United Kingdom EC before the report was presented to the UK Parliament for debate.

"Hence, there are serious issues of law to be decided by the Federal Court on whether it has jurisdiction to hear the judicial review before the report is handed to the prime minister for it to be debated in Parliament.

Leong said despite the impending dissolution of Parliament tomorrow, the matter is not academic as the court can still decide that the recommendations are unconstitutional as there is gerrymandering and malapportionment.

The Penang government filed the judicial review application last June on the grounds that the present redelineation is "sustaining and worsening” malapportionment of parliamentary and state assembly seats in view of the coming general election.

On Feb 21, the Court of Appeal dismissed the Penang government's appeal for it to be given leave for its judicial review application to be heard on full merits. - Mkini