The council, reputedly the richest in Malaysia, is complaining that this omission is in breach of the requirements under the 13th Schedule of the Federal Constitution.
Further, the council, which filed the action at the Shah Alam High Court yesterday, wants a mandamus order for Prime Minister Najib Razak to advice the king to revoke a March 29 gazette.
The council has named the EC, its chairman Mohd Hashim Abdullah, its secretary Abdul Ghani Salleh and Najib as respondents.
Court documents sighted by FMT revealed that city council mayor Mohd Azizi Mohd Zain has affirmed an affidavit in support of the legal action.
Lawyer Latheefa Koya said a certificate of urgency had been filed to expedite the hearing.
However, the council has to first obtain leave from the court as to why its complaint should be heard.
Under the constitution, a state government, a local authority and a group of 100 voters in a state or parliamentary seat can file a complaint to the EC if they are unhappy with EC’s proposed redrawing of boundaries.
Azizi said the council had the right to present its objections and be heard at such local inquiries.
He said the denial of this right to the council was a fundamental breach of the constitution by the EC.
The Selangor government too is expected to file an appeal in the Federal Court to challenge the EC’s exercise in redrawing electoral boundaries.
On March 28, the Dewan Rakyat approved the EC’s recommendations with 129 MPs from the ruling Barisan Nasional government voting for the motion and 80 from the opposition against it.
The EC’s proposed new voting boundaries and renaming of seats came into force on March 29 after the Yang di-Pertuan Agong gave his royal assent and after it was gazetted.
Najib today announced that the Dewan Rakyat would be dissolved tomorrow, paving the way for the EC to hold the polls within 60 days.
All heads of state governments, including Selangor, are expected to advise their respective head of states to dissolve their legislative assemblies to hold simultaneous elections for state and parliamentary seats.
The council’s challenge would become academic if the Barisan Nasional recaptures the Selangor government. This is because all local governments come under the authority of their respective state governments.
Redelineation: Selangor to go to apex court despite impending GE14