Today was the leave application for Judicial Review by M. Kula Segaran and Thomas Su Keong Siong, Members of Parliament for Ipoh Barat and Ipoh Timur respectively against the Election Commission for an order of Certiorari to quash the Election Commission’s:-1. Notice dated 08.03.2017 entitled “Notice of Proposed Recommendations for the Federal and State Constituencies in the States of Malaya (Except the State of Selangor) as Reviewed by the Election Commission in 2017” ; and/or
2. Proposed Recommendations for Federal and State Constituencies for the State of Perak as Reviewed by the Election Commission in 2017; and/or
3. A declaration that the Notice and/or Proposed Recommendations were issued without jurisdiction;
4. A declaration that the Notice and/or Proposed Recommendations are unconstitutional;
5. A declaration that the First Local Enquiry for the Federal and State Constituencies of P.065 Ipoh Barat, N.28 Bercham, N.29 Kepayang and N.30 Buntong held on 01.11.2016 in Aman Jaya Convention Centre, Bulatan Meru Raya, Bandar Meru Raya, 30020, Ipoh, Perak, was unlawful; and/or
6. A declaration that the First Local Enquiry for the Federal and State Constituencies of P.064 Ipoh Timor and N.26 Tebing Tinggi, held on 01.11.2016 in Aman Jaya Convention Centre, Bulatan Meru Raya, Bandar Meru Raya, 30020, Ipoh, Perak, was unlawful.
Issues raised in Ipoh High Court today
The case was presided by Yang Arif Dato’ Che Mohd. Ruzima Ghazali at the Ipoh High court. The Applicants were represented by M. Kula Segaran, Su Keong Siong (Applicants themselves) and Surendra Ananth of Malik Imtiaz Sarwar wherelse the Election Commission was represented by the Attorney General’s Chambers headed by Senior Federal Counsel Suzanna Atan.
Counsels for the Applicants argued that :
a. The Notice and Proposed Recommendations were issued without jurisdiction.
b. The Notice and Proposed Recommendations were illegal.
c. It was inconsistent with Section 2(c)&(d) of the 13th Schedule of the Federal Constitution.
d. It was inconsistent with Article 8 of the Federal Constitution.
e. The Notice and Proposed Recommendations were irrational and disproportionate.
f. The Local Enquiries were unlawful as they were procedurally improper.
g. The Election Commission has failed to provide any reasons for objections made during the local enquiries.
The AGC’s only replied that they rely on the case of V.K. Lingam which was decided in the Federal Court that tribunals or quasi-judicial bodies are not bound for Judicial Review because their decisions are not final.
Counsels for the Applicants replied that the matter will be deemed academic if the Proposed Recommendations are forwarded to the Prime Minister who will then table it in Parliament.
The Judge has set 05.05.2017 as the date for decision for this leave application.
