Hornbill Unleashed

February 18, 2015

Leave for review of Sarawak redelineation allowed

Filed under: Politics — Hornbill Unleashed @ 8:01 AM

Kuching High Court Judge Yew Jen Yie this afternoon granted leave to Sarawak PKR’s application for a judicial review to declare null and void the current redelineation exercise by the Election Commission to increase the state seats of the Sarawak Assembly from 71 to 82.

Sarawak PKR Vice-chairperson See Chee How who represented his party, said that the court had rejected three preliminary objections raised by the respondents and the state government – that the plaintiffs had no local standi, the application was premature and the court has no jurisdiction to hear the application.

The court also found that the application was not frivolous whether there was a lack of particulars in the disclosure of the notice or whether there were sufficient details in the notice. These would be litigated at a later hearing.

The respondents and the state government were given two weeks to reply to the plaintiffs’ affidavits and the reply from the plaintiffs.

The case for mention will be heard on March 19, 2015.

When the case was first heard on February 2, 2015, PKR’s arguments were centred on the publication of notice and lack of details displayed.

The party was seeking several declarations to be made by the Kuching High Court which, among others, include:

• The publication and notification of the EC to review the redelineation of the Sarawak state constituencies to fill the Sarawak legislative assembly is not in compliance with the provisions contained in the 13th Schedule of the Federal Constitution, and hence should be declared null, void and of no effect; and/or alternatively,

• The proposed recommendations of the EC to review the division of the Sarawak into federal or parliamentary constituencies, for the purpose of elections to the Dewan Rakyat as unconstitutional and is null, void and of no effect;

• That there is serious and considerably lacking detailed particulars of the proposed recommendations and the draft constituency plan, which are opened for inspection from Jan 5 up to Feb 4;

• A mandamus order to compel the EC to republish a notice of its proposed recommendations to review the division of Sarawak into constituencies for the purpose of elections to the state legislative assembly, in full compliance with the provisions contained in the 13th Schedule.

Altogether, there are 13 complaints so far received by the commission on the delineation exercise which is now being displayed.

Senior Federal Counsel Shamsul Bolhassan represented the commission. — Joseph Tawie

 

 

1 Comment »

  1. The bad intention and the way the proposed 11 new seats were meticulously surveyed indicated that the UMNO Baru controlled BN at Putrajaya was wary of the increasing strong supports for Pakatan Rakyat. It is conspicuous that Taib Mahmud is a proxy of UMNO Baru and PBB is controlled by Taib Mahmud. Over the past 20 years the creation of new state and federal seats had always been Taib Mahmud

    Comment by Mata Kuching — February 18, 2015 @ 6:29 PM | Reply


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