The three applicants – P Maradeveran, Zahar Rusuli and Yong Chan Hee – filed the suit on Oct 21 last year against the EC for allegedly transferring voters illegally and redrawing boundary lines affecting the Kuala Kubu Baru (KKB) and Batang Kali state seats, both in Hulu Selangor.
“The applicants should have filed their action within 90 days from April 29 last year when the EC gazetted the alteration in polling districts in the parliamentary constituency,” Judicial Commissioner Azizul Azmi Adnan said in the ruling delivered yesterday.
The applicants, however, contended the 90 days to file the suit should begin from Aug 3 when the EC replied to their queries through a letter on the alteration.
Azizul disallowed the second preliminary objection by the EC that the court has no jurisdiction to hear the legal challenge due to an ouster clause under Section 9A of the Election Act
“The court has the jurisdiction to hear a complaint from voters if the EC’s act is against the law,” he said.
The applicants filed the legal challenge as it was found that the borders were changed and as a result over 5,000 voters were transferred from Batang Kali to KKB.
They argued that the EC basically shifted some of the excess majority in Batang Kali and moved them to KKB so that KKB will become “more winnable for BN”.
The applicants wanted the court to quash the outcome of the boundary alteration exercise undertaken by the EC and gazetted on April 29 last year.
The Hulu Selangor parliamentary constituency has three state seats.
The Hulu Bernam and Batang Kali state seats were won by BN and the KKB seat by DAP.
Federal counsel Amarjeet Singh, Suzana Atan and Azizan Md Arshad appeared for the EC while Gobind Singh Deo and Joane Chua Tsu Fae represented the applicants.