The ongoing local inquiry conducted by the Election Commission (EC) in Selangor can proceed.

This after a three-member Federal Court bench today declined to grant the PKR-led Selangor government leave to appeal to challenge the Court of Appeal's decision to set aside a stay given to prevent the EC from holding a local inquiry, pending the hearing of the state's appeal.

Chief Justice Md Raus Sharif, who led the bench, unanimously dismissed the leave, with no order made on costs.

"We are unanimous, as there is an unlikely chance of success in the appeal," said Justice Raus.

The other members of the bench were Federal Court judges Justice Azahar Mohamed and Justice Jeffrey Tan Kok Wha.

Lawyers representing the Selangor government led by Ambiga Sreenevasan wanted to pose three questions of law but later relented to continue on with just one:

"In an application under Section 44 of the Courts of Judicature Act for interim directions/orders pending hearing of an appeal, can the Court of Appeal grant interim directions or orders which could have the effect of allowing the substantive appeal (ie by Selangor government) - in the light of the clear wording of Section 44 that limits directions or orders not involving the decision of the proceedings?"

On Dec 7 last year, the High Court in Kuala Lumpur dismissed the Selangor government's judicial review application against the present redelineation exercise but allowed a stay on the EC from holding the local inquiry.

Unsatisfied with the stay, the Attorney-General's Chambers (AGC) and the EC appealed and got the stay order, granted by Justice Azizul Azmi Awang of the High Court in Kuala Lumpur, set aside.

By way of a majority decision of two to one, the Court of Appeal on Dec 18 set aside the stay order, after which local inquiries were allowed to be held.

Currently, the second level of local inquiries is being held.

Ambiga (photo) said the Selangor government is appealing the Court of Appeal's decision to set aside the stay as procedurally it is wrong for the EC to appeal by setting aside the stay.

"When the COA bench set (the stay) aside, it is akin to going into the merits of the appeal. The EC can apply for an earlier date for the Selangor government's appeal to be heard.

"The EC has until September this year to finish the redelineation, unless the EC intends to use the present redelineation exercise for the much anticipated 14th general election," she said.

The purpose of applying for a stay, Ambiga added, was to let matters remain at status quo until the Selangor government's appeal is heard.

The merits of the whole appeal will be heard on March 23, according to her.

Appearing with Ambiga were lawyers Latheefa Koya, Shahid Adli Kamarudin, and Lim Wei Jiet.

Senior federal counsel Alice Loke told the court that one could not apply for a stay against the EC from performing its constitutional duty.

Ambiga, a former Bersih chairperson, said the Selangor government now has to wait for March 23 for the full merits of the appeal to be heard.

"So far, the EC has a 100 percent success rate... we are appealing the appellate court's decision as it sets a dangerous precedent," she said.

Last Friday, the appellate court also dismissed the Selangor government's appeal to prevent the EC from handing its redelineation report to the prime minister.

Prime Minister Najib Abdul Razak has to dissolve Parliament in the next three months as the next general election has to be held before August.