Tuesday, October 13, 2015

Appealing S'wak re-delineation at apex court vital, says lawyer

Hafiz Yatim



Senior lawyer Cyrus Das today warned that leave (permission) to appeal should be granted in the Sarawak re-delineation case at the Federal Court as it involves constitutional issues affecting voters and future exercises which would be conducted in Sabah and Peninsular Malaysia soon.
He said it involves voters' rights, with regard to being properly informed through a notice from the Election Commission that in the coming state elections, they may vote in another constituency and polling centre.
Das cited the experience faced by his client Bukit Lintang assemblyperson See Chee How who had to buy the electoral roll for RM4,500 and noticed that the EC had moved 6,500 voters out of his constituency.
"That information (electoral roll) should be available to the electorate at the bare minimum requirement when the notice is issued under Section 4a of the 13th Schedule of the Federal Constitution.
"This is one of six conditions cited in the schedule which the High Court judge said is part of the minimum requirement and she (the judge) recognised. How would a registered voter be able to recognise this if the notice is not proper?" he asked
Das, who is representing See and also Pauls Baya, said the points related to Article 113 and Section 4a and 5 of the 13 th schedule of the Federal Constitution, have not been decided before in the history of this country.
"The court cannot allow the Court of Appeal judgment last month to stand without this being ventilated by the apex court as this involves constitutional questions of law and as mentioned, will have an impact on voters in Sabah and Peninsular Malaysia," he said.
The three-member bench led by Court of Appeal president Justice Md Raus Sharif then decided to deliver its decision on Thursday.
[More to follow]


Read more: https://www.malaysiakini.com/news/315597#ixzz3oQl3wTnB

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