THE Court of Appeal has denied the Selangor government’s application to prevent the Election Commission from submitting the state redelineation report to the prime minister. 

The three-man panel decided to throw out the Selangor government’s application on the grounds it prevents the EC from performing its constitutional duty and it was Parliament which ultimately decides on the matter.  

Justice Idris Harun said the panel reached a unanimous decision to dismiss the application which would have prevented the report being handed in until the Selangor government’s appeal is resolved. 

“We have reached an unanimous decision. The court is not inclined to grant a stay. The application is dismissed,” he said. 

The Selangor government’s appeal is on March 23.

EC would be able to submit its report to Prime Minister Najib Razak and he would be able to table the redelineation when Parliament reconvenes next week. 

The Selangor government’s counsel Gurdial Singh Nijar said the decision was disappointing as if the report is passed, the appeal process on March 23 would be academic.

“There is nothing stopping EC. It appears from public perception EC is above the law. The court doesn’t seem to agree that was basis to challenge EC’s decision,” he told reporters. 

He said this ultimately exhausts all of Selangor government’s application to prevent the redelineation in the state. 

“Then we all have go down on our bended knees and pray. We don’t know what to do. We have to go to some higher authority,” Gurdial said.

In October last year, Selangor Menteri Besar Azmin Ali filed a judicial review application to challenge the proposed redelineation of electoral boundaries for parliamentary and state constituencies.

High Court judge Azizul Azmi Adnan in December dismissed Selangor’s judicial review to challenge the EC’s redrawing exercise but allowed a stay for them conduct local inquiry.  

The stay was removed by the Court of Appeal later on and the EC has been conducting local inquiries in the state. – March 2, 2018.