The Court of Appeal, in a majority decision, allowed the Election Commission's bid to remove a stay order imposed by the High Court Kuala Lumpur, which prevented the commission from holding a local inquiry into the objections toward the redelineation exercise in Selangor.

The decision was made amid a 40-minute fire drill at the Palace of Justice in Putrajaya which led to the packed public gallery being evacuated, although proceedings continued as normal.

Following a recess, Justice Idrus Harun announced the decision that he and Justice Yaacob Md Sam would allow the removal of the stay order, while Justice Rhodzariah Bujang dissented.

“We find there are merits in the application, and allow the motion by EC with no order as to costs,” he said.

When Ambiga Sreenevasan, appearing for the Selangor government, asked the court for the grounds for the decision, Idrus only said that the majority of the panel agreed with the EC’s submission.

Earlier this month, the High Court in Kuala Lumpur dismissed the Selangor government's judicial review application to challenge the EC’s redelineation notice.

Justice Azizul Azmi Adnan, however, had granted a stay on his decision, which prevented the EC from conducting an inquiry on the grouses of voters in Selangor.

Preventing what happened in Sarawak occurring in Selangor

Selangor exco member Elizabeth Wong said that the state government is disappointed with the Court of Appeal’s decision, and feared a repeat of a similar case in Sarawak.

In 2015, the EC submitted its report on electoral boundaries to the Sarawak chief minister immediately after the Court of Appeal overturned a High Court decision.

“Here we are trying to prevent this and preserve the rights of the Selangor people and voters, which has seen elected representatives in state and parliamentary seats with super constituencies, that is with a large number of voters, compared to other areas.

“Once the EC conducts the local inquiries and hands over the report to Prime Minister Najib Abdul Razak, then it becomes academic.

“What we want is that the voters are spread out fairly,” she added.

Once the commission’s report is handed over to the prime minister and is approved by the legislature, the new electoral boundaries will come into effect.

Amarjeet Singh, appearing for the EC, had earlier said the stay granted by the High Court had prevented the EC from performing its constitutionally mandated duty to conduct local inquiries.

According to an affidavit affirmed by EC, he said, as many as 111 local inquiries in Selangor are yet to be held.

The senior federal counsel also said that even if the EC conducts the first round of these local inquiries, there would be nothing to stop other parties from filing a judicial review, adding that the redelineation process would be held up if the High Court’s decision was upheld.

“By granting a stay, it affects the rights of other voters who are part of those in Peninsular Malaysia,” he said.

Ambiga, meanwhile, told the court that there is no hurry to remove the stay, as the EC has until Sept 14, 2018, to complete the delimitation.

She also noted that the Selangor government is prepared to appeal the High Court’s decision, where the issue of the stay could be addressed.  

“That is the correct procedure and not like this (where you object and appeal on the stay).

“This is to preserve the integrity of the Selangor government's appeal, so as to prevent any prejudice on the relief sought by the Selangor government,” she said.

The lawyer also stated that constitutional matters are not allowed to be addressed in the EC’s local inquiries, which underscored the need for the matter to be taken to court.

“Such matters need to be heard in the court which is the only avenue we have, as such matters cannot be brought up in a local inquiry,” she said.