The Federal Court dismissed the state’s leave to appeal application against the Court of Appeal decision on Dec 18 to lift an interim stay order which paved the way for the EC to conduct local inquiries in Selangor.
“The (leave) application is dismissed as the appeal has no likely chance of success,” said Chief Justice Raus Sharif in delivering the unanimous judgment. Sitting with Raus were Azahar Mohamed and Jeffrey Tan Kok Hwa.
On Dec 7, High Court judge Azizul Azmi Adnan dismissed Selangor’s judicial review application to challenge the EC’s exercise in redrawing the electoral boundaries, largely due to a binding Court of Appeal ruling.
The judge, however, allowed Selangor’s interim stay application pending the outcome of its appeal in the Court of Appeal.
The Court of Appeal bench will hear on March 23 the state’s appeal against the decision of the High Court.
Lawyer Ambiga Sreenevasan, who appeared for the state government, today told the bench that the leave application was filed as the majority Court of Appeal ruling which lifted the stay order (on Dec 18) had set a dangerous legal precedent.
“The majority judgment lifted the stay by dwelling on the merit of the case,” she said.
Ambiga said for a start the EC was wrong to apply to set aside the order given by the High Court.
“Instead, the EC should have applied for the Court of Appeal to fix an early date to hear Selangor’s appeal,” she said.
She said the “law could not be turned all over the place” just because it involved the EC, adding that the EC could still conduct the general election by relying on existing electoral boundaries.
Government lawyer Alice Loke Ying Ching replied that the leave application should be dismissed as it was a futile exercise.
“The Court of Appeal was correct to lift the stay order in order for the EC to conduct the local inquiries in Selangor,” she said.
Loke added the court could also not stop the EC from carrying out its constitutional function within the two year deadline which will expire in September.
Speaking to reporters later, Ambiga said the EC had so far scored “100 per cent success” against any challenges by aggrieved parties on the delimitation exercise.
She said the legal challenge was filed as the majority judgment was a bad precedent that needed to be corrected.
The 2-1 majority decision was made by Court of Appeal bench chairman Idrus Harun and Yaacob Md Sam while Rhodzariah Bujang held that the status quo should remain to preserve the Selangor government’s appeal.
Last week, the PKR-led Selangor government was also unsuccessful in stopping the EC from presenting its redelineation report to the prime minister to be tabled in the Dewan Rakyat.
Selangor fails in bid to stop redelineation going to Parliament
Selangor fails to stop EC from proceeding with its local inquiry
Court lifts obstacle on EC to start redelineation process in Selangor