Forty-eight voters from the Segamat parliamentary constituency today obtained an interim stay from the High Court in Kuala Lumpur to stop the certification of 949 voters into the electoral roll.

The 949 voters are said to be from a contentious army camp in Segamat, which is still under construction. 

Justice Kamaludin Md Said granted the temporary stay pending a judicial review application. The judge also fixed Jan 3 to hear the leave application by the voters.

The 48 voters, aged between 32 and 74, had filed a judicial review application on Dec 14, naming the Election Commission and the Johor EC registrar Shafie Taib as respondents.

The voters, led by Abdul Wahab Hassan, are seeking a certiorari (court order) to quash the entry of the 949 names of voters from the third quarter supplementary electoral roll 2017, which have been affirmed by the EC.

The voters also want the entry of the 949 names into the electoral roll to be declared unconstitutional, as well as costs of the application and any order deemed fit by the court.

In their affidavit of support, the voters claimed the entry of the names into the electoral roll is unconstitutional according to Article 119 of the Federal Constitution, which pertains to the qualification of electors.

They also said that a local inquiry has been held to hear their protests over the many irregularities regarding the matter.

Voters allege procedural impropriety

The voters further claimed that the local enquiry held violates the principle of natural justice and that there was a procedural impropriety.

They are applying for a stay of the gazettement of the electoral rolls so that it cannot be challenged as stipulated under Section 9A of Election Act.

The voters are represented by lawyers Surendra Ananth, Michelle Ng and Joanne Chua while senior federal counsel Suzana Atan appeared for the EC.

It is learnt that during the public inquiry held by the EC, the 48 voters were denied legal representation throughout proceedings.

While this application was filed by the firm of Messrs JM Lee, it is understood that PKR would also be filing another judicial review on the Segamat voters issue to object the entry of another 100-plus army camp voters.

It was reported two weeks ago that DAP parliamentary leader Lim Kit Siang had accused the EC of trying to steal the next general election by allowing voters at the incomplete camp.

Last month, DAP had filed 1,051 objections following the presence of army voters at an incomplete camp in Segamat.

The Segamat seat is held by Health Minister Dr S Subramaniam where he won by 1,217 votes during the 13th general election.