It also wants an order from the court to stop the EC from submitting its delineation report to Prime Minister Najib Razak, who, under the Federal Constitution, will present the findings in the Dewan Rakyat for approval.
Lawyer Latheefa Koya said High Court judge Azizul Azmi Adnan would hear the application on July 5.
“Selangor, as an entity of Malaya cannot be excluded when the EC submits its report to the prime minister,” she told FMT.
She said Selangor Menteri Besar Mohamed Azmin Ali had filed an affidavit in support of the application made on April 20.
Azmin, who is also PKR deputy president, said the EC’s move to publish the second notice to conduct the second inquiry was in breach of Article 113 (6) of the constitution.
This provision states that there should be separate reviews for states of Malaya, Sabah and Sarawak.
Azmin said Selangor’s judicial review filed last year was to quash the first notice and had an impact on all the states of Malaya unit under review.
“Moreover, the applicant (Selangor government) has also sought a mandamus to direct the EC to republish a notice under section 4 of the 13th Schedule of the constitution to comply with the law for the states of Malaya unit under review,” he said in the affidavit.
The states’ complaint is that there was malapportionment and gerrymandering in favour of a certain political party in the redrawing of electoral boundaries.
Azmin also said there was already a complaint in court that the current electoral roll was not used for the 2016 delineation exercise.
“This complaint applies to the entire unit of review, not just Selangor,” Azmin said.
He said should Selangor’s judicial review be allowed, the second notice and inquiry conducted would be rendered futile and invalid.
Azmin said the EC should wait for the court ruling on the judicial review application.
Azmin said the EC had ample time to carry out its function as the constitution stated it had two years from September last year.
He said there was a real risk that once the local inquiries were completed, the EC would submit its report, with the exclusion of Selangor, to the prime minister.
“There is a risk that any proceeding, including the application for judicial review will be rendered academic. Therefore, the balance of convenience and justice lies in favour of the applicant,” Azmin said.
The state last October filed a legal challenge, seeking to nullify the EC’s notice of delineation, claiming it violated the Federal Constitution in drawing new electoral boundaries.
In the midst of the judicial review hearing, the state filed a discovery application against the EC.
On March 9, Justice Azizul disallowed the Selangor government’s application to cross-examine EC chairman Mohd Hashim Abdullah as he said it would be a fruitless exercise.
However, the judge allowed the state government’s application to provide information regarding the changes in the locality of voters in the last two exercises – in 1993 and 2004.
Both parties have appealed the High Court ruling to the Court of Appeal which is expected to hear the matter on July 20.