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Voter’s legal action over being barred from Johor polls dismissed
A Johor voter failed in his legal challenge over being prevented from casting his vote during the Johor state election earlier this year.
The Kuala Lumpur High Court today dismissed the judicial review by Tamileswaaran Ravi Kumar...
A Johor voter failed in his legal challenge over being prevented from casting his vote during the Johor state election earlier this year.
The Kuala Lumpur High Court today dismissed the judicial review by Tamileswaaran Ravi Kumar.
Checks by Malaysiakini on the judiciary’s online portal showed the decision of the matter listed as “Court: Judicial review dismissed. No order as to costs”.
Today was scheduled for judge Amarjeet Singh to deliver his decision on the legal challenge.
When contacted late this afternoon, the voter’s counsel New Sin Yew confirmed the outcome, adding that his client has yet to decide whether to file an appeal to the Court of Appeal.
The lawyer added that the High Court today also did not give reasons for its decision.
Under normal judicial practice following a verdict, the court would at a later date release the full written grounds of judgment to parties involved in the legal action.
Malaysiakini is attempting to reach out to the legal representatives of the two respondents - the Election Commission (EC) and the federal government over the matter.
Back on Oct 31, the court had heard oral submissions from legal representatives for both the 27-year-old applicant and two respondents over the merits of the legal action.
Tamileswaaran had earlier on June 22 obtained court leave to proceed with the judicial review.
The issue at contention was whether the EC officers acted in accordance with the law when preventing Tamileswaaran from voting on suspicion that he may be positive for Covid-19.
On June 8, the voter filed legal action against the EC and the government.
Tamileswaaran was seeking a court order to quash the EC’s decision or action that prevented him from voting during the state polls on March 12 on the grounds that he was still in quarantine after being confirmed positive for Covid-19 back on March 7.
He also applied for a declaration that the EC acted illegally in denying his right to vote and that the commission had violated his constitutional right under Article 119 of the Federal Constitution.
According to Tamileswaaran, he was instructed to undergo quarantine at home after being confirmed positive for Covid-19 and polling day was his sixth day of quarantine.
A day later through a media statement (June 9), Bersih announced that they had facilitated the voter’s legal action after he was allegedly barred from voting in the state polls due to his purported Covid-19 status.
The electoral watchdog argued that the move by the authorities to prevent Covid-19 patients from voting violates their constitutional rights.
According to the EC’s procedures for the Johor polls, people suspected of Covid-19 infection are to cast their ballot at a booth separated from other voters. This was if they were showing symptoms of infection.
However, the EC had refused to allow Covid-19 patients to vote if their illness was confirmed prior to turning up at polling stations.
Malaysians cast their votes during the 15th general election on Nov 19.
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