KUALA LUMPUR: Electoral watchdog Bersih 2.0 wants the Election Commission (EC) to stop local inquiries into the new electoral boundary in Sarawak pending the outcome of PKR’s judicial review on the constitutionality of the EC’s proposal.
The group also questioned the EC’s determination in holding the local inquiries today despite knowing that the judicial review could see the entire redelineation proposal declared null and void.
“To hastily schedule the inquiry within three weeks of the one-month objection period suggests that the EC is disrespectful of the judicial review process and couldn’t care less about wasting the time, energy and resources of all parties in the event of a “null and void” judgement, said Bersih in a statement yesterday.
“To save the time, energy and resources of all parties including the court, the EC should instead consider withdrawing the first display notice and redo the process constitutionally, whereupon See (Chee How) may then withdraw his application,” said Bersih.
Kuching High Court judge Yew Jen Yie had on Feb 17 granted leave for Sarawak PKR vice-chief See’s judicial review application.
The court had set March 19 for further mention and to set a date to hear the review filed by the Batu Lintang assemblyman, and a voter in Ulu Baram named Paul Baya.
In their affidavit, the two had claimed the publication, or notification of the EC to review the delineation, was not in compliance with the provisions of the 13th Schedule of the Federal Constitution, and that the EC did not have the power to make changes to parliamentary consitutuencies in the delineation exercise.
Both are seeking court orders to declare the exercise “null and void and of no effect”.
Bersih warned yesterday that the EC’s refusal to halt its inquiry sessions may result in applications for injunctions.
It also criticised the EC for setting “unreasonable restrictions” on the inquiry, including a maximum of three spokespersons, a maximum of 20 persons in attendance, and a slot of only 30 minutes, allowing no legal representation and media presence, banning cameras and mobile phones.
“The EC’s unreasonable restrictions are defeating the purpose of meaningful public participation in the redelineation exercise and it may again be challenged in court,” said the group.
Bersih said the EC should have fulfilled Section 4 of the 13th Schedule by making sure the notice was published in “at least one newspaper circulating in the constituency”, which also states “the effect of their proposed recommendations”.
It added that the EC’s proposal must abide by Section 2 of the 13th Schedule, especially sub-section 2(c), which requires constituencies within the same state to be “approximately equal” with exceptions for low-density areas (termed “a measure of weightage for area” and also sub-section 2(d), which stresses “maintenance of local ties”.
“Bersih is willing to meet the EC to discuss how constitutional requirements should be met in the redelineation,” said the group.
Last Friday, See objected to EC’s apparent rush to hold the inquiries, saying that there were no written notices in the media and that complainants were only informed by phone.
He also questioned the EC’s decision to go ahead with the inquiry, despite the Kuching High Court still waiting to hear the party’s application for a judicial review on the redelineation exercise. — The Malaysian Insider
This article first appeared in The Edge Financial Daily, on February 23, 2015.