The electoral reform group’s steering committee said it was concerned that if the appeal outcome was not favourable, it may be used as a precedent which would have an adverse effect on other pending and future delineation law suits against the EC.
Maria had filed her notice of discontinuance last Friday.
“We regret that our leave was not granted in the High Court and now circumstances have also led us to stop our pursuit in the Court of Appeal,” the statement said.
It said despite the withdrawal, Bersih believed Maria’s legal challenge had helped draw public attention to this important issue.
The statement said Bersih would continue working to expose the EC’s insidious actions and decisions to subvert democracy through the redelineation exercise.
“They should remember all their actions are now monitored and documented by Bersih and concerned citizens. Those personally responsible in violating the Federal Constitution will be held accountable for their actions someday,” the statement read.
On Nov 24, High Court judge Azizul Azmi Adnan dismissed Maria’s bid to obtain leave to challenge the EC’s proposed redelineation exercise.
The basis of Maria’s application was that the redelineation notice published by the EC was severely lacking in detail, in particular on the crucial information of land mass.
On Jan 23, Maria’s lawyers were informed that a special panel of judges would be hearing the appeal.
This was the same special panel assigned to sit on Nurul Izzah Anwar’s judicial review application against the EC.
In that case, the attorney-general is appealing against the High Court’s decision to grant leave to the judicial review application by Nurul and 10 other voters in the Lembah Pantai parliamentary seat.
Maria, who filed the suit in her capacity as a Petaling Jaya Utara voter last October, wanted the court to declare the EC’s redelineation exercise in the peninsula null and void.
This is because the EC had refused to provide information on land mass in each of the parliamentary and state constituencies in the peninsula.
However, Justice Azizul threw out Maria’s bid to challenge the EC’s proposed redelineation as he said he was bound by a Court of Appeal ruling to do so.
The judge said the appellate court had interpreted provisions in the Federal Constitution and that the EC was not required to provide details such as land mass of constituencies before carrying out the proposed delimitation exercise.
On Sept 15, the EC advertised a notice in major newspapers about the redrawing of electoral boundaries for the peninsula and Sabah.
Currently, the EC is conducting an inquiry to prepare its report to be submitted to parliament, which must be done within 24 months.
Since then, five aggrieved parties have taken the EC and its chairman Mohd Hashim Abdullah to court, the most notable being the Selangor government.