The government is likely to appeal yesterday's landmark decision requiring the Election Commission (EC) to redo its redelineation exercise for Sarawak.

 

Sources within the EC and the Attorney-General’s Chambers indicated although no decision has been made, they are awaiting instructions from attorney-general Abdul Gani Patail on what to do next.

 

“But most likely we would appeal,” said the source, on condition of anonymity.

 

EC chairperson Abdul Aziz Mohd Yusof ( left in photo ) told Malaysiakini yesterday that the commission will study the judgement first.

Meanwhile, EC secretary Ghani Salleh said the commission had not been

officially notified on the matter and only knew about it through media reports.

"We will look at the details of the decision on Monday because we have only heard about it through the media," he told Bernama .

"If there is anything, we will issue a statement on Monday after we get the information."

 

Yesterday, Kuching High Court judge Justice Yew Jen Kie ruled in favour of Batu Lintang assemblyperson See Chee How and a voter in Baram, nullifying EC’s redelineation exercise and ordered the commission to start over.

 

Justice Yew ( photo ) ruled the re-delineation lacked detailed particulars of the areas as specified in Paragraph two of the 13 th Schedule of the Federal Constitution.

 

With yesterday's decision, the EC will have to do its polling boundary redrawing again, after kicking it off in January.

 

The EC had proposed to increase the number of state seats from 71 to 82 for the Sarawak legislative assembly.

 

Yesterday's decision is a setback for Sarawak's Chief Minister Adenan Satem, who was appointed last year, as he seeks an early mandate. 

 

The Sarawak legislative assembly has to be dissolved by the middle of next year.

 

Another case awaiting decision

 

Besides the judicial review by See, there is another application by activist Haris Ibrahim , who filed an originating summons to compel the EC to furnish particulars regarding its re-delineation exercise for all 222 parliamentary constituencies.

 

Haris told Malaysiakini when filing the case that as a registered voter, if he wanted to check EC's proposed new boundaries for constituencies such as Pulai in Johor or Sabak Bernam in Selangor, he would have to physically travel to those areas.

 

The case was initially fixed for decision on May 6 but has been deferred to another undetermined date by the Kuala Lumpur High Court.

 

Commenting on the decision yesterday, See ( photo ) described it as a victory not only for Sarawak voters but for all Malaysians.

 

He thanked election watchdog group Bersih 2.0, Tindak Malaysia and Rise of Sarawak Efforts (Rose).

 

13 th Schedule provisions

 

The Federal Constitution's 13th Schedule Paragraph 2 states:

 

'The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the provisions of Articles 116 and 117 -

 

(a) while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross state boundaries and regard ought to be had to the inconveniences of state constituencies crossing the boundaries of federal constituencies;

 

(b) regard ought to be had to the administrative facilities available

within the constituencies for the establishment of the necessary registration and polling machines;

 

(c) the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies;

 

(d) regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties.