Voters withdraw suit to have lawyers present at EC inquiries

Voters withdraw suit to have lawyers present at EC inquiries

Matter concludes with Court of Appeal ruling that voters have no right to legal representation during inquiries with EC, says lawyer Shahid Adli Kamarudin.

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KUALA LUMPUR:
Seven voters who filed a judicial review for being denied the right to bring their lawyers during local inquiries by the Election Commission have withdrawn their suit.

Senior Federal Counsel Shamsul Bolhasan said the applicants did not want to continue with the legal challenge as the matter had been decided in a recent Court of Appeal ruling.

“Following the withdrawal, the judge (Mohd Zaki Abdul Wahab) struck out the suit,” Shamsul told reporters after a case management before High Court judge Mohd Zaki Abdul Wahab.

The judge also did not order any costs against the seven, Chua Yee Ling, Chai Wee Siong, Hashim Yusof, Zamri Yusof, Muhammad Arafat, Mohd Isa Ahmad and Dr Chong Fat Full.

Lawyer Shahid Adli Kamarudin, who represented the seven, said the withdrawal of the suit was made last week after going through a Court of Appeal ruling last February on a case brought by Lembah Pantai MP Nurul Izzah Anwar against the EC.

“The court has held that voters have no right to legal representation during the local inquiries with EC officials,” he said.

The Court of Appeal ruling on Feb 13 this year is binding on the High Court.

The voters from two parliamentary and five state seats in Kedah, Perak and Johor have filed leave for judicial review on Jan 31.

They want a declaration from the High Court that the EC’s action is against the Federal Constitution and the Commission of Enquiries Act 1950 and that the exercise is null and void.

The seven also represented the minimum 100 voters in the affected constituencies to voice out their dissatisfaction over the conduct of the EC in carrying out boundary alterations.

The two parliamentary seats are Tambun in Perak and Ledang in Johor while the state seats are Bukit Selambau and Bakar Bata (Kedah), Kuala Sepetang (Perak), and Semerah and Bukit Batu (Johor).

On Sept 15, the EC advertised a notice in major newspapers to redraw election 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, several other aggrieved parties have taken the EC and Hashim to court, the most notable being the Selangor government.

Nurul’s legal challenge against EC ends

Selangor wants EC to reveal details of delineation exercise

Selangor to take EC to court over redelineation exercise

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