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Bersih: AG accountable for EC's 'unconstitutional' 2nd public display
Published:  Mar 9, 2017 5:56 PM
Updated: 10:35 AM

Bersih said attorney-general Mohamed Apandi Ali and his chambers must also be held responsible for the Election Commission's second public display in its redelineation exercise, which critics say is unconstitutional.

It also called for the Election Commission to resign over the "scandalous Selangor by-pass" redelineation exercise.

"As the EC cannot have acted on its own, we demand attorney-general Mohamed Apandi and whoever in the Attorney-General’s Chambers (AGC) is responsible in advising the EC to account to the public for their advise," the electoral reform movement said in a statement.

The display, which commenced yesterday, does not include Selangor, as the state is challenging the redelineation exercise in the High Court.

Critics say it is unconstitutional because Article 113(6) of the Federal Constitution calls for redelineation to be done for the "states of Malaya and Sabah and Sarawak" and Selangor therefore cannot be left out.

Bersih said the EC had also breached Article 113 and the Thirteenth Schedule in its first proposal published on Sept 15, and not only for Selangor.

This included proposing boundaries that fragment local authorities and communities, like in Sungai Buloh, which spans across four local authorities and Batu Tiga, which spans across three local authorities.

The constitution also demands that boundary changes should not cause "inconveniences", it said.

"Yet, the senior federal counsel representing the EC admitted in court that the EC never considered any unintended consequences of its proposals," Bersih said.

"The EC should respect the judge, the courts and the judicial review process. The EC should await and learn from the court’s wise decision. The EC should apply the decision to other states.

"Instead, Mohd Hashim Abdullah and his EC, under the apparent bad counsel of Mohamed Apandi’s AGC, has chosen to treat with utter contempt the judge presiding over the Selangor suit, the judiciary and the Federal Constitution," it said.

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