Penang Institute has shown examples of "hard evidence" of the Electoral Commission's (EC) alleged sustaining and worsening malapportionment of parliamentary and state assembly seats in view of the coming general election.

The state think-tank has conducted a thorough analysis to examine the constitutional compliance of the EC's recommendation for 165 parliamentary and 445 state constituencies.

While presenting the report, PI researcher Wong Chin Huat said the EC's recommendations were found to be flawed in two major ways.

"They are sustaining non-compliance with Sub-section 2(c) and causing non-compliance with Sub-section 2(c)," Wong claimed.

Sub-section 2(c) of the 13th Schedule of the Federal Constitution states that the number of voters in each constituency ought to be approximately equal.

This should prevail, unless there is greater difficulty of reaching voters and other disadvantages facing rural constituencies.

Wong explained that non-compliance is defined as deviation from the state average by more than 33.33 percent.

Evidence of non-compliance

Wong said the EC's redelineation should comprise two steps: (a) identifying instances of non-compliance and (b) proposing boundary changes to correct or reduce such instances of non-compliance.

However, PI's studies have shown that 38 state seats remained over-represented in Kedah (1), Kelantan (3), Penang (2), Perak (1), Pahang (6), Selangor (11) and Negeri Sembilan (6) and Johor (8), he said.

The report showed that EC has sustained under-representation in 40 state seats in Kedah (2), Kelantan (2), Terengganu (2), Penang (5), Perak (4), Pahang (4), Selangor (1), Negeri Sembilan (3), Malacca (3) and Johor (14).

"One seat in Johor was near average in size of voters but after EC's recommendation, it has increased by more than 33.3 percent (over-representation)," Wong noted.

"Likewise, eight state seats - Perak (2), Selangor (4), and Malacca (2) were near average size but after EC's redelineation, they have become over-represented by 33.3 percent, " he added.

He cited examples in Bukit Lanjan, Selangor (held by PKR's Elizabeth Wong) and Kajang (held by PKR president Dr Wan Azizah Wan Ismail), which were near average size but are now over-represented after the EC's redelineation.

"For example, in Kuala Lumpur, the EC recommendations would change Lembah Pantai's electorate from being just above average to being undersized by more than 10 percent," Wong said.

"The EC must be accountable to all these instances of non-compliance and make public its reason to do so," he added.

He was responding to the Court of Appeal decision on Jan 10, which ruled that voters cannot get information from the Election Commission on how it arrived at the process of redelineation.

Sustaining non-compliance in Penang

Wong said the institution's analysis showed the EC "did not touch" Penang but has sustained oversized representation in Paya Terubong, Batu Maung and Batu Uban.

It has also sustained under-sized seats such as Air Putih and Balik Pulau, without giving any reason to do so.

"EC should identify the problematic areas and correct them, instead of not giving any recommendation at all," Wong said.

It was also revealed that the EC's recommendation worsened the over-representation in three parliamentary constituencies in Selangor.

The three parliamentary constituencies were constitutionally compliant (having the right size of voters) before the EC recommendations.

The ideal size is to find the average number of voters for each state.

"Why make things worse, why doesn't the EC correct what is wrong?" Wong asked.

Make grounds for redelineation known

Wong said the EC should reveal its grounds for redelineation as it is not reasonable to expect the public to "second guess" EC's considerations and give it benefits of doubt.

"Only with EC revealing its grounds for its recommendations, the public may access the constitutionality of these recommendations," Wong said.

"Without making known its grounds, it would appear that the EC is helping BN stay in power," he added.

Other research fellows involved in the report were Toh Kin Woon, Yeong Pey Jung, Nidhal Mujahid and Ooi Kok Hin.