The High Court in Kuala Lumpur will await the outcome of the Election Commission's appeal to the Federal Court against three voters in the Hulu Selangor constituency, before hearing the EC's leave application.

This was disclosed by lawyer Michelle Ng, who represented the voters, following case management today before Justice Azizah Nawawi.

Last month, a three-member Federal Court bench, led by Chief Judge of Malaya Justice Ahmad Maarop, granted leave to the EC to challenge the Court of Appeal's decision that ordered the three voters’ judicial review case to be remitted back to the High Court.

In granting leave, three questions of law were posed to be considered by the apex court in the EC's appeal and they are:

1. Whether the decision of the EC reflected in the Federal Gazette PU (B) 197 dated April 29, 2016, and incorporated in the current electoral roll dated May 13, 2016, is rendered non-justiciable by virtue of Section 9A of the Elections Act 1958;

2. Whether the time runs from the date of publication in the Federal Gazette of a certified electoral roll as provided for under the Elections Act 1958 for the purpose of making an application under Order 53 Rule 3(5) Rules of Court 2012; and

3. Whether the publication of a gazette constitutes sufficient communication of the decision of a public authority to the affected person under Order 53 Rules of Court 2012.

Section 9A of the Elections Act states that once an electoral roll has been certified, and notice of the certification has been published in the gazette, it shall be not be questioned, appealed against, reviewed, quashed, or set aside by any court.

The three voters - P Maradeveran, Zahar Rusuli and Yong Chan Hee, had found themselves to be part of the Kuala Kubu Baru state constituency after the EC's delimitation exercise, after previously being registered in Batang Kali.

The trio filed the suit last October, claiming that the EC had exceeded its powers under Section 7(2) of the Elections Act 1958 by shifting voters across state constituency boundaries without their knowledge.

Maradeveran, Zahar and Yong had their challenge dismissed by the High Court after the judge allowed a preliminary objection brought by the senior federal counsel appearing for the EC, by saying they filed the judicial review out of time.

However, this was overturned by the Court of Appeal that ruled that the voters were not out of time in filing the judicial review application, as it is based on the date the letter the EC sent on Aug 3, 2016, informing them of the move to Kuala Kubu Baru, and not the earlier gazette notification dated April 29 that same year.

Ng said following this, the High Court fixed another case management date, on Jan 4, 2018.