The High Court here today dismissed the leave application for a judicial review filed by activist Maria Chin Abdullah to challenge the Election Commission’s (EC) proposed redelineation of parliamentary constituency Petaling Jaya Utara.
Justice Azizul Azmi Adnan made the decision after ruling that Maria’s application did not have an arguable case.
“An examination of the applicant’s statement will reveal that the basis of the applicant’s putative challenge lies wholly and entirely on fact that the Election Commission has not included the details of the land mass of the proposed constituencies in the notice,” he said.
Citing a case involving the EC against See Chee How & Another, he said the Court of Appeal in its decision held that Section 4(a) of the Thirteenth Schedule of the Federal Constitution, did not require the EC to include in the notice, particulars of the land mass of the proposed constituencies.
The judge said the Court of Appeal further held that the inclusion of the number of electors for each constituency, as set out in the schedules to the notice in that case, provided sufficient information for a voter to raise questions on the weightage that was given by the EC.
Azizul Azmi said in light of the Court of Appeal ruling, he failed to see how the applicant (Maria) could have established an arguable case.
He, however, accepted that Maria’s application was not frivolous, taking into account the fact that the applicant was also a registered voter in the relevant state and Federal constituencies and she had sufficient locus standi to make the application.
He dismissed the application with no order as to costs. Lawyer Syahredzan Johan represented Maria while senior federal counsel Datuk Amarjeet Singh acted for the EC.
Maria, who is also Coalition for Clean and Fair Elections (Bersih 2.0) steering committee chairman, filed the application sought to overturn EC’s decision or action to issue a notice of recommendation for the proposed redelineation of federal and state electoral boundaries.
She had also sought a declaration that the electoral boundary redelineation process or proceeding began by EC through the notice, was null and void.
Source : Bernama Online