PETALING JAYA, March 21 — Over 10,000 Selangor voters have filed a lawsuit through 107 representatives to ask the courts to compel the Election Commission (EC) to hear their objections and to cancel the latter’s redelineation report that was submitted to the prime minister.
Chan Tsu Chong, an outreach officer with electoral reform group Bersih 2.0 that is spearheading the lawsuit, confirmed that the 107 representatives were not called by the EC to voice their objections in the second round of local enquiries in the state.
He said the EC had sent notifications to other voters who were called for local enquiries or who had their objections rejected, but did not inform the 100 over voters of the status of their objections.
The EC also did not respond when asked about the omission, he said.
“So the only way for us to get a reply is to see them in court, where they are forced to give us a reply. It's unfortunate that a constitutional body like this, to get a reply from them, we have to go to the courts,” he told reporters at a joint press conference by Bersih 2.0 and some of the plaintiffs.
The lawsuit was filed yesterday at the Shah Alam High Court by former Bersih 2.0 chairman Maria Chin Abdullah, who is among the 107 voters, as well as Selangor lawmakers such as Hannah Yeoh, Xavier Jayakumar, Tony Pua, Lau Weng San, Rajiv Rishyakaran, Haniza Mohamed Talha and Gan Pei Nei.
The voters are from 11 parliamentary seats and 16 state seats in Selangor.
The judicial review application names the EC, Prime Minister Datuk Seri Najib Razak, and Dewan Rakyat Speaker Tan Sri Pandikar Aman Mulia as respondents.
The 107 voters are seeking for four court orders, including a declaration that the EC’s failure to hold local enquiries for the 107 objections to its redelineation exercise was “unconstitutional”, and an order to compel the EC to hold local enquiries for the 107 group of voters.
They also want the courts to declare that the final redelineation report submitted by the EC to the prime minister on March 9 is unconstitutional and to quash this report.
Additionally, they want the courts to issue a stay order to freeze the tabling, debate, discussion or voting on the EC’s redelineation report in the Dewan Rakyat until the end of this lawsuit.
The parliament seats affected are-Selayang, Hulu Langat, Puchong, Kelana Jaya, Petaling Jaya Selatan, Petaling Jaya Utara, Subang, Shah Alam, Kapar, Kota Raja, and Sepang.
The state seats are — Kuang, Rawang, Taman Medan, Kota Damansara, Batu Tiga, Sementa, Seri Andalas, Sri Muda, Subang Jaya, Seri Setia, Bukit Gasing, Kampung Tunku, Damansara Utama, Tanjong Sepat, Dengkil and Sungai Pelek.
Bersih 2.0 said that the EC’s failure to include the 107 groups of voters in its second round of local enquiries held from February 26 to March 1 has denied over 10,000 voters their constitutional rights to be heard.
According to Bersih 2.0 acting chairman Shahrul Aman Mohd Saari, the electoral watchdog had sent two official letters dated February 28 and March 9 to the EC, but did not receive any reply.
In the two letters sighted by Malay Mail, the EC was asked to provide the status of the objections and local enquiries for Selangor voters who did not receive any notification from the EC.
What’s at stake for Selangor
Selangor Speaker Hannah Yeoh, who is also the Subang Jaya assemblyman, said there were 14 objections filed in her constituency but no hearing dates were given by the EC for the second round of objections.
She contrasted EC’s lack of response to the Bersih 2.0’s letters with the EC’s December 2017 actions, where the latter had used Pos Laju and called her office multiple times to confirm they had received the notification for the first round of local enquiries.
She highlighted the importance of a clean and fair elections for taxpayers.
“The state government has saved enough cash reserves. It’s a clean government. There’s ample money and so we don’t want this election to be stolen before our eyes.
“In every battle, in every match, the rules must be fair; the linesman must be impartial; the referee must be impartial and the goalposts must not be shifted,” she said at the press conference today.
“We hope to be given a hearing date soon before the prime minister tables the redelineation proposal in Parliament,” she added.
“I appeal to the Speaker of Parliament to ensure that before the prime minister or the government tables the redelineation in Parliament, that every step have been dealt with to ensure the law that is being passed is fair to the citizens of this country,” she said.
The lawsuit by the 107 voters is on top of a similar lawsuit filed on March 8 against the EC by activist Ivy Josiah and three others, also over the EC’s failure to hear their objections for the Petaling Jaya Selatan and Bukit Gasing seats.
These four are now also part of the 107 voters who had filed the lawsuit yesterday.
The EC’s submission of its final redelineation report to the prime minister took place on March 9, even as two separate court challenges by the Selangor government and Penang government are still ongoing.
