The Penang government is pursuing to challenge the Election Commission’s (EC) redelineation recommendations as it is concerned that the 15th general election would use the same electoral boundaries.

The state government's counsel, Leong Cheok Keng, expressed his concern to reporters at the Federal Court in Putrajaya today.

The three-member bench chaired by the Court of Appeal President Ahmad Maarop had adjourned the matter for case management.

The judges, also comprising Chief Judge of Sabah and Sarawak David Wong Dak Wah, and Federal Court judge Alizatul Khair Osman Khairuddin, were to hear Penang's application against a Court of Appeal ruling which had upheld a High Court decision not to hear the merit of the complaint.

"Under the Federal Constitution, as provided in the Article 113(2)(ii), the next review (of the redelineation) after the last review must be an eight-year interval. So the 15th general election will be conducted before the next review.

"Due to this, although the (14th) general election is over, the issue is not academic," Leong explained to reporters on the relevance of the matter.

Earlier in court, Ahmad had queried whether the matter had become academic since the 14th general election had concluded and the state had benefited from the exercise.

He had also asked the Senior Federal Counsel Syamsul Bolhassan whether the latter was representing Attorney-General G Tommy Thomas or the EC.

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In July, Tommy had released a statement stating that the chambers would no longer represent the EC.

Syamsul told the bench that he was instructed by the Attorney-General's Chambers (AGC) to represent the AG since they had appeared in the High Court where leave was refused to the state.

The bench had then instructed for the EC to engage a lawyer.

A letter sent by AGC to Leong & Tan legal firm sighted by Malaysiakini showed that the AGC had informed that it no longer represents the correspondent on the matter and will leave to the EC for its further action.

The Penang government had filed a judicial review application in June last year on the grounds that the present redelineation is "sustaining and worsening" malapportionment of parliamentary and state assembly seats in view of the coming general election.

Leave was not granted by the High Court and on Feb 21, the Court of Appeal dismissed the Penang government's appeal for it to be given leave for its judicial review application to be heard on full merits.

The Penang government filed a motion for leave last March with eight questions of law posed.