Court to hear judicial review of EC's vote denial in Johor polls Oct 31

 

The Kuala Lumpur High Court has fixed Oct 31 to hear a judicial review application by a Johor voter who was barred from casting his ballot in the state election earlier this year.

The applicant’s counsel Beatrice Chin said parties were instructed by the court to file affidavits related to the case. 

“The court fixed Oct 31 to hear the application while further case management is fixed for Aug 24,” she said. 

“On case management on Aug 24, parties will seek further directions from the court to file written submissions,” she told Malaysiakini after attending case management today. 

The government and Election Commission (EC) were represented by senior federal counsel Nor Aqilah Abdul Halim. 

In the application filed on June 8, Tamileswaaran Ravi Kumar, 26, had sought a court order to quash the EC’s decision or action that prevented him from voting on March 12 on the grounds that he was still in quarantine after being confirmed positive for Covid-19 on March 7.

He had also applied for a declaration that the EC acted illegally in denying his right to vote and that the commission had violated his constitutional right under Article 119 of the Federal Constitution.

According to Tamileswaaran, he was instructed to undergo quarantine at home after being confirmed positive for Covid-19 and polling day was his sixth day of quarantine.

On June 22, High Court judge Noorin Badaruddin allowed Tamileswaaran’s judicial review application against the government and the EC.

On June 9, through a media statement, Bersih announced that they had facilitated Tamileswaaran’s legal action after he was allegedly barred from voting in the March 12 state polls due to his purported Covid-19 status.

Bersih argued that the authorities’ move to prevent Covid-19 patients from voting violates their constitutional right.

According to the EC’s procedures for the Johor polls, people suspected of Covid-19 infection are to cast their ballot at a booth separated from other voters. This was if they were showing symptoms of infection.

However, the EC had refused to allow Covid-19 patients to vote if their illness was confirmed prior to turning up at polling stations. - Mkini