The judiciary has failed to uphold the Federal Constitution and to act as the arbitrator to oversee the actions of the Election Commission, claimed Bersih today.

In a statement, the electoral watchdog's steering committee lamented the Federal Court's decision yesterday to not grant leave in the application by seven residents in Malacca, as well as two Perak MPs to challenge the EC's ongoing redelineation exercise.

"The decision is regrettable, as this means that the EC's redelineation exercise cannot be challenged in any court, although it has elements which are against the Federal Constitution.

"It looks like the EC has the immunity to do as it wishes," read the statement.

Although court cases against redelineation have been ongoing for more than a year, important questions, like malapportionment and gerrymandering, remain unanswered, as the judiciary refuse to pay heed to such cases, Bersih added.

In reading the unanimous decision made by a three-member panel yesterday, Chief Justice Mohd Raus Sharif (photo) said it was up to Parliament to decide on the report submitted by the EC on the exercise.

Bersih disagreed with this, saying it is up to the judiciary to interpret questions of law and ensure the principles of the constitution are abided.

"Besides, the Parliament comprises politicians with their personal political interests.

"The judiciary had failed to carry out its duty to uphold the Federal Constitution and to act as an arbitrator to oversee the actions of the EC.

"As a result, the rights of Malaysians, as voters, will be affected as there is no institution, be it the EC, the courts, or the Parliament, which wants to uphold justice and ensure a clean and fair election system," said Bersih.

It vowed that more objections will be raised and more court actions, taken if the EC's final delimitation proposal does not abide the constitution.

The watchdog then commended lawyers who acted on redelineation cases pro bono, as well as voters who raised objections, before urging eligible voters to go out and vote in the 14th general election to "lessen the impact of manipulation by redelineation."