The Selangor government has failed in its bid to postpone Menteri Besar Mohamed Azmin Ali's scheduled appearance at an Election Commission's local inquiry today to present the state's objections to the ongoing redelineation exercise.

Azmin's lawyer Ambiga Sreenivasan told reporters at the High Court in Shah Alam that they have made an oral application for an Erinford injunction, or a stay on the decision pending appeal.

"The judge asked us to make a formal application (for the stay), so we will be putting in a formal application for an Erinford injunction.

"That's what my instructions are so far," said Ambiga, who appeared together with lawyer Lim Wei Jiet during the hearing in chambers this morning before Justice Azimah Omar.

In a statement later, the Selangor Menteri Besar's Office said that the case had been transferred to another judge only this morning and that Ambiga had objected to this transfer but was overruled. 

The EC was represented by senior federal counsel Alice Loke and Amarjeet Singh, who said that the EC's local inquiry for Selangor would proceed with its hearing today.

"The application was dismissed without cost," said Amarjeet, adding that the judge also decided that there was "no merit" to Azmin's application.

In his bid, Azmin said that he was only given a six working days notice for his scheduled appearance at 9am this morning, and would only be allowed to present his case for 30 minutes without the presence of legal representation.

Azmin had argued it was a breach of his constitutional right to be heard on the EC's proposed redelineation recommendations without being allowed to be fully prepared.

He pointed out the EC had two years until Sept 14 this year to complete the 2016 redelineation exercise, and he was only asking for two weeks' leave to allow him to prepare for the local inquiry.

Azmin's application was filed on Jan 5, after the EC rejected his request for a two-week postponement of today's session and to be allocated a three-hour session for a presentation before the seven-member panel.

His request was made through a Jan 2 letter to the EC and he had received an immediate rejection.

The Selangor government had also filed a judicial review against the local inquiry on Jan 5, but it is understood that the matter has yet to be heard, and today's decision was only on Azmin's application.

In its statement this afternoon, the Selangor Menteri Besar's Office said the democratic rights of Selangor continue to be 'trampled' by the EC process as the 14th general election draws closer.

Selangor MB's Office Strategic Communications Director Yin Shao Loong said the Selangor government's application today had been transferred to another judge on orders of the chief justice.

Case transferred

"The application was fixed to be heard before Justice Yazid Mustafa. However, this morning the court interpreter read out a message from the registrar stating that the chief justice had directed that the application be transferred to Justice Azimah Omar.

"The court subsequently denied that they were instructed to transfer the application before a different judge and that the case was transferred due to internal case management.

"Ambiga objected to this transfer but her objection was rejected by Justice Azimah who subsequently rejected the application for an injunction on the local inquiry.

"The Selangor government has filed a notice of appeal. Our lawyers have also written to the EC and put them on notice to suspend the inquiry pending the said Appeal.

Yin said that Azmin would not be attending the local inquiry on behalf of the state on three grounds which have already been conveyed to the EC.

They were that:

  • The inquiry has been hastily scheduled on short notice;
     
  • He has not been given the three hours necessary to present objections from the standpoint of Selangor and the democratic rights of its voters; and that
     
  • He has not been allowed to be accompanied by a lawyer.

Yin stressed that the EC should not be rushed by the political demands of the federal executive.

"The EC has until September to complete its current redelineation exercise. There is no democratic basis to rush it through these first weeks," he pointed out.