Hornbill Unleashed

July 21, 2017

EC wins redelineation exercise appeal against Selangor

Filed under: Politics — Hornbill Unleashed @ 8:02 AM

Selangor state executive councillor Elizabeth Wong reportedly said she was shocked by the court ruling on the allegedly unconstitutional redelineation exercise and added that the state will discuss with its lawyers before deciding on the next course of action. ― Picture by Yusof Mat IsaThe Election Commission (EC) today won an appeal to not produce one of the six types of information sought by the Selangor government over the alleged unconstitutional redelineation exercise.

A three-member bench at the Court of Appeal led by Justice Mohd Zawawi Mohd Salleh said the EC is not required to provide a database of the locality codes and locality names of the 136,272 Selangor voters for the last two redelineation exercises of Peninsular Malaysia in 2003 and 1994.

“We allow the EC’s appeal and set aside the High Court’s order,” Mohd Zawawi was quoted as saying in Free Malaysia Today.

The court also dismissed the state government’s appeal to examine EC chairman Mohd Hashim Abdullah. It provided no reason for doing so.

“We dismiss the respondent’s appeal and affirm the decision of the High Court,” Mohd Zawawi was quoted as saying, referring to the Selangor government.

Mohd Zawawi reportedly gave the verdict after both sides had completed their submission.

State executive councillor Elizabeth Wong reportedly said she was shocked by the ruling and added that the state will discuss with its lawyers before deciding on the next course of action.

On March 9, the High Court granted an order for the EC to produce one of the six types of information sought by the Selangor government in its discovery application to obtain various information for its lawsuit against the EC and to cross-examine the EC chair.

Judge Azizul Azmi Adnan had rejected the Selangor government’s bid to compel the EC to produce the remaining five types of information, including the database of addresses of all 136,272 voters, their voter registration documentation, and the Electoral Geographical Information System computer software application built and used by the EC in the redelineation exercise.

The discovery application said that the information sought was necessary due to disputes over facts and the accuracy of claims by those being sued by the Selangor government, adding that the cross-examination of the EC chair was necessary to resolve a dispute on whether there were unlawful changes to the records of voters’ localities.

Last October 19, the Selangor government filed its lawsuit against the EC, the EC chairman Datuk Seri Mohd Hashim Abdullah and EC secretary Datuk Abdul Ghani Salleh over the alleged unconstitutional redelineation exercise.

In his previous affidavit to support the Selangor government’s legal challenge against the EC’s proposed redelineation exercise, Selangor Mentri Besar Datuk Seri Azmin Ali argued that the EC had acted unconstitutionally by using a “defective” electoral roll containing 136,272 voters without their corresponding addresses listed.

Highlighting that the voters with missing records of residential addresses accounted for a high proportion of total voters in seats such as Sungai Air Tawar (38.93 per cent), Permatang (29.71 per cent), Sabak (26.04 per cent), Azmin had said the defective electoral roll would invalidate the EC’s proposed bid to redraw boundaries of electoral constituencies and shift voters around in Selangor.

Subsequently, the EC had in its affidavit replied that the lack of full addresses of voters was due to the EC’s 2002 shift from a manual system to electronic system and confirmed that voter registration documents have been destroyed.

Today, government lawyer Amarjeet Singh reportedly said that government departments would not keep records after seven years.

“The 1993 and 2004 electoral rolls information is not there by operation of law,” he was quoted as saying.


Source : The Malay Mail Online


 

Advertisements

3 Comments »

  1. In a corrupted regime the corrupted judges chosen to hear the government ‘s appeals need only to abuse their position without giving reasons.

    Comment by Mat Som — July 21, 2017 @ 12:26 PM | Reply

  2. Be wary, though. Najib has not long ago had a law passed by Parliament empowering him to declare emergency “in certain areas” where arrests can be done without warrants, etc.

    That may be used to justify postponing general elections. Especially if it becomes abundantly clear to him that he’d lose PRU14.

    Comment by Hattan — July 21, 2017 @ 11:56 AM | Reply

  3. LOL……KANKAROOOOOO………..KANKAROOOOOOOO…………….KANKAROOOOOO………….

    Comment by tiuniamah — July 21, 2017 @ 8:53 AM | Reply


RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.

%d bloggers like this: