An interest group today expressed disappointment over the High Court's decision to dismiss a judicial review application on the 11th general election claiming the move will not help in reinstating public confidence in the Election Commission (EC) and the country's electoral process.

The Kuala Lumpur High Court yesterday dismissed the suit by Parti Keadilan Rakyat (PKR) on April 29 against the EC seeking judicial review for alleged 'illegalities' during the March 21 general election.

"In our opinion, the High Court is wrong to dismiss the application prematurely. As a result, the distorted image of the EC and the country's election process in the country remains," said K Shan, the assistant secretary of elections watchdog Malaysians For Free and Fair Elections (Mafrel) in a statement.

Judicial Commissioner Wan Afrah Wan Ibrahim dismissed PKR's application for judicial review after allowing a preliminary objection by Attorney-General Abdul Gani Patail who represented the EC.

Citing Article 118 of the Federal Constitution in her oral ruling, Wan Afrah said she had no competent jurisdiction to hear the review as it fell under the election court's jurisdiction.

Fundamental issues

Article 118 states that no election to the house of representatives or to the legislative assembly of a state shall be called into question except by an election petition presented to the High Court having jurisdiction where the election was held.

"Mafrel is of the view that though Article 118 is the right process to challenge and invalidate a particular election result, it should not prevent the court from reviewing decisions and conduct of the EC as well as election processes in the country based on public interest," said Shan.

"The High Court's decision to dismiss the application seems to deny the very right of the matter to be heard in an open court and suggests that the EC is above the law," he added.

Shan said the court, by its narrow interpretation of the article and Order 53 of the Rules of the High Court, had denied 'a debate and rectification on certain fundamental issues'.

"Issues like secrecy of a vote and the qualification of a candidate to contest in an election are important in the public interest. Therefore Mafrel sees the decision as another black mark over the country's highly-questioned electoral process," he said.

PKR counsel R Sivarasa said the party will decide whether to file an appeal after the matter is discussed by its leaders. An appeal must be filed within 30 days.