
The EC last Friday filed a notice of motion and notice of appeal to revoke the stay order given by High Court judge Azizul Azmi Adnan a day earlier.
The application by the EC was accompanied by a certificate of urgency.
Lawyer Latheefa Koya, appearing for Selangor state government, said the matter would be heard before a special panel.
Azizul had dismissed the Selangor government’s judicial review application to challenge the EC’s exercise in redrawing the electoral boundaries, partly due to a binding Court of Appeal ruling and that the state was not an adversely-affected party.
Azizul dismissed all four grounds canvassed by the state.
They were over alleged malapportionment and gerrymandering in most constituencies, the names of the “missing” 136,000 voters, the EC failing to use the latest electoral roll to conduct its exercise, and a lack of information in the notice before the boundary redrawing exercise was to be carried out.
The judge, however, allowed Selangor’s interim stay application pending the outcome of its appeal in the Court of Appeal to maintain the status quo.
This means the EC is stopped from conducting any local inquiries.
Azizul said the court would have no jurisdiction to hear the appeal once the EC presented its report to the prime minister to be tabled in Parliament.
“Selangor’s appeal will be rendered nugatory,” he said, adding that the EC had 24 months until September next year to complete its task.
The PKR-led Selangor government filed the legal challenge in October last year, seeking to nullify the EC’s notice of redelineation, claiming it violated the Federal Constitution in drawing new electoral boundaries.
The EC published an 18-page notice in major newspapers in September last year on the proposed redelineation in Peninsular Malaysia and Sabah.
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