The Federal Court has refused to grant leave in the application by seven residents in Malacca, as well as two Perak MPs to challenge the Election Commission's ongoing redelineation exercise.

In a unanimous decision, Chief Justice Mohd Raus Sharif, who led a three-member panel, said it was up to Parliament to decide on the report submitted by the EC on the exercise.

Citing the Federal Constitution, Justice Raus said the Dewan Rakyat was the proper body to decide on the redelineation of constituencies.

"It's the duty of the court to uphold this. The court should not encroach in matters pertaining to the redelineation exercise.

"(Or else) we will be seen as encroaching into the function of other bodies," he said.

The apex court said it was also of the opinion that the EC had adhered to and complied with all the procedures as prescribed under the 13th schedule of the Federal Constitution.

"It is our opinion that the EC's recommendations in the redelineation exercise are mere actions that do not bind parties. As such they are not amenable to a judicial review.

"All these and other reasons, we find that all the questions framed do not satisfy requirements of Section 96 of the Courts of Judicature Act," said Justice Raus in dismissing the leave application.

No order as to costs was made. 

Other members of the panel today were Justice Azahar Mohamed and Justice Aziah Ali.

The Malacca High Court last year had granted leave to hear the merits of the seven residents' challenge on the EC's ongoing redelineation exercise in Malacca.

The Court of Appeal, however, ruled that the High Court was wrong to grant leave for the seven residents.

Last year, the appellate court had also thrown out a judicial review application from two DAP lawmakers' – Ipoh Barat MP M Kulasegaran (above) and Ipoh Timur MP Thomas Su – to challenge the EC's redelineation exercise in Perak.

'Big disappointment'

Chan Tsu Chong, one of the seven voters from the Kota Melaka and Bukit Katil parliamentary seats, said that the EC's recommendations to conduct the exercise were not constitutional, citing malapportionment, among others.

"The EC and the Attorney-General's Chambers said this cannot be challenged in court because it is not a final decision yet.

"But if we cannot challenge it and once it goes into Parliament, it's too late.

"We are of the opinion that if we cannot challenge it in court, and if we cannot challenge it in Parliament, where can voters challenge it?" Chan told reporters outside the courtroom before today's decision.

Commenting on the decision later, Chan said it was a "very big disappointment".

"The court should be the ultimate body to decide whether something is constitutional or not. (They said) this is an issue they cannot decide on because the federal constitution empowers Parliament.

"We respectfully disagree because it’s a constitutional legal issue. How can MPs have this power to decide whether the delineation is constitutional or not?" he pointed out.

Kulasegaran said that his constituency will see a rise from 72,000 to 82,000 voters, and the EC's redelineation exercise in Perak will drastically favour the ruling government.

"As an MP I will raise this matter when the bill is presented in Parliament," he said.