PUTRAJAYA, March 23 — The Selangor government’s appeal over its judicial review challenge on the Election Commission’s (EC) proposed redelineation exercise in the state was adjourned to Tuesday following an application for the recusal of two judges to hear the matter.

Justice Datuk Mohd Zawawi Salleh who chaired a three-man bench of the Court of Appeal with Justices Datuk Vernon Ong Lam Kiat and Datuk Kamardin Hashim said they will refer to Court of Appeal President Tan Sri Zulkefli Ahmad Makinudin to decide on the empanelment of judges.

He subsequently adjourned the hearing of the Selangor government’s appeal to March 27.

Empanelling of judges to hear civil and criminal cases in the Court of Appeal is done by the Court of Appeal president.

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Counsel Datuk Cyrus Das representing the Selangor government applied for Mohd Zawawi and Kamardin’s recusal to hear the appeal as both have heard and decided on two cases on a similar subject matter.

Das made the application on grounds that Mohd Zawawi and Kamardin ran the risk of having predetermined the issues in the appeal.

Mohd Zawawi and Kamardin had presided on the Court of Appeal bench which dismissed an appeal last year brought by two opposition members of Parliament from Perak who were challenging the EC’s redelineation exercise.

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Das said Mohd Zawawi had also chaired a Court of Appeal bench in 2015 that reversed the Kuching High Court’s decision to nullify a notice by the EC for the proposed redelineation exercise for Sarawak.

Senior federal counsel Alice Loke Yee Ching said there was no reason for Mohd Zawawi and Kamardin to recuse themselves from hearing the appeal as the perception of bias was not a criterion for their recusal.

On December 7, last year, the Kuala Lumpur High Court threw out the Selangor government’s judicial review to challenge the EC’s proposed redelineation exercise in the state.

The Selangor government had filed for the judicial review on Oct 19 last year, naming the EC, its chairman Datuk Seri Mohd Hashim Abdullah and secretary Datuk Abdul Ghani Salleh as respondents.

In the application, the state government sought a declaration that the proposed redelineation from a 2016 study by the EC, was unconstitutional.

It also sought a declaration that the EC’s failure to use the latest electoral roll in the redelineation was unconstitutional. — Bernama