March 20 Decision On Preliminary Objection Of Electoral Roll

  • Print

KUALA LUMPUR -- The High Court today set March 20 for decision on the Election Commission (EC)’s preliminary objection against the second application by 48 Segamat parliamentary constituency voters for leave for judicial review to challenge the entry and retention of the names of 949 army personnel and their spouses into the 2017 Third Quarter Supplementary Electoral Roll.

Justice Datuk Wira Kamaludin Md Said fixed the date in chambers during which the 48 voters were represented by counsel Michelle Ng and the respondents, EC, Johor voter registrar Shafie Taib and Segamat adjudicating officer Miswan Yunus, by senior federal counsel Muzila Arshad. 

Ng, when approached by reporters, said decision on the preliminary objection was fixed for today but postponed to March 20 after the SFC informed the court that she wanted to file an additional submission on the application. 

On March 6, the respondents submitted their preliminary objection on the ground that once an electoral roll was gazetted under Section 9A of the Elections Act 1958, it could not be challenged.

The voters led by Abdul Wahab Hassan had on Feb 26 filed an application for leave for judicial review to revoke the entry and/or retain the 949 names with any action arising out of and/or verify the decision by the respondents and/or agents and/or employees and/or their officers.

They also applied for a declaration that the entry and/or retention of 949 names were unconstitutional because they did not meet the requirements of Article 119 of the Federal Constitution.

The voters claimed that the entry and/or retention of the names of Persons Denied was unreasonable, irrational and unbalanced.

On Feb 21, the Court of Appeal overturned a High Court decision to grant leave to the 48 voters to start their judicial review proceedings.