The High Court in Penang today dismissed a judicial review application by DAP Bukit Bendera MP Zairil Khir Johari on the absence of the redelineation exercise in his constituency.

High Court judge Lim Chun Fong dismissed the application without costs today, citing the timing of the application as one of the reasons.

Justice Lim said a judicial review cannot commence until after the Parliament has decided on the recommendations of the Election Commission.

"The EC recommendations remain just as recommendations and not decisions, that the redelineation exercise is ongoing and yet to be submitted to the Parliament for approval, so it is not time yet for a judicial review," jhe said when reading out his 35-minute judgment.

Justice Lim then said this does not mean the court has no role to play in the matter.

He said Parliament and court are independent of each other, and Parliament has not asked the court to advise it on the matter.

But the court can intervene when decisions by the EC breach the Federal Constitution, he added.

On Feb 23, Zairil (photo) submitted a judicial review application to establish the constitutional parameters and scope of the EC’s duties and powers.

On Oct 13 last year, Zairil represented a group of 148 fellow voters of the Bukit Bendera parliamentary constituency to file objections against the EC's  redelineation proposals for Penang, which had been published on Sept 15, 2016.

The EC rejected Zairil's objections on Oct 17 last year, on grounds that he had no cause to object because there had been no recommended changes to the seats within his parliamentary constituency.

Following this, Zairil filed for a judicial review, to invite the court to consider the constitutional duty of the EC under Part VIII of the Federal Constitution.

He wanted the court to evaluate and provide for the re-delineation of constituencies, given the disproportionate distribution of voters in highly urbanised Penang, and the rest of Malaysia.

Judge's decision 'positive'

When met outside the court, Zairil said he would decide whether to appeal the case after discussing with his lawyer Yap Boo Hau.

"The court did not exactly throw out the case, but decided that now is not the time for a judicial review, not until the EC submits its recommendations to the prime minister," he told reporters.

Yap said he viewed the judge's decision as positive.

Earlier, Yap urged the court no to impose a RM10,000 fine on Zairil as his application was a matter of public interest and Justice Lim dismissed the case without costs.

Senior Federal counsel Shamsul Bol Hassan, who had earlier raised the issue of RM10,000, did not oppose the judge's decision.