PUTRAJAYA, Oct 13 — The Federal Court does not have the jurisdiction to determine the Sarawak constituency re-delineation case as the Election Commissions’ (EC) report of the proposed recommendations has been submitted to the Prime Minister to be tabled in Parliament, the Federal Court heard today.
Senior Federal Counsel (SFC) Amarjeet Singh appearing for the EC submitted that the matter has been rendered academic as once the report has been submitted to Prime Minister Datuk Seri Najib Razak, it was the House of Representatives (Dewan Rakyat) that is conferred with exclusive jurisdiction to make the decision on the re-delineation exercise.
He said the court cannot interfere with proceedings in Parliament.
“The report at this stage is at the exclusive jurisdiction of the Prime Minister and the House of Representatives,” he said in opposing the application by a Sarawak state assemblyman and a voter to seek leave of the Federal Court to appeal against a Court of Appeal decision.
He said the House will decide whether to adopt the recommendations with or without any amendments.
He said a notice was gazetted confirming that the EC had completed its functions in the re-delineation exercise, adding that the matter was already out of their hands.
He said the EC, in its affidavit opposing the leave to appeal brought Batu Lintang assemblyman See Chee How and Pauls Baya a voter in Ulu Baram, stated that the final report on the re-delineation exercise for Sarawak has been submitted to the Prime Minister on Aug 21, this year.
In its re-delineation exercise for Sarawak, the EC is seeking to create 11 new state constituencies, increasing it from the existing 71 constituencies to 82.
See and Pauls were seeking leave of the Federal Court to appeal against the decision on Aug 7 this year by the Court of Appeal which declared valid the EC’s notice of its recommendations on the re-delineation of Sarawak’s electoral boundaries.
The Court of Appeal overturned the decision of the Kuching High Court delivered on May 15 this year which ordered the EC to republish its notice after ruling that the notice lacked details.
Earlier, counsel Datuk Dr Cyrus Das representing the applicants asked the court to grant leave to appeal to determine 15 questions of law which were novel and of public interest.
He said that leave should be granted as it involves constitutional issues affecting voters and future re-delineation exercises which would be conducted in Sabah and Peninsular Malaysia soon.
Das said new constituencies means the creation of new polling districts and new polling stations and affected voters were entitled to know if the polling stations they have voted has changed.
He said the Federal Court has the jurisdiction to determine the matter as it has yet to reach Parliament.
A three-member panel chaired by Court of Appeal President Tan Sri Md Raus Sharif fixed Thursday to deliver the court’s decision. — Bernama
