PUTRAJAYA: The Federal Court held that the Election Commission’s (EC) recommendations for a redelineation exercise in parliamentary and state constituencies were not amenable to judicial review.
Chief Justice Tun Md Raus Sharif, who chaired a three-man bench yesterday, said the EC’s action in its delimitation exercise was a mere action that did not bind parties, and as such was not amendable to judicial review.
He said this in his decision to dismiss two applications brought by two DAP Members of Parliament from Perak and seven voters from Melaka to get leave of the Federal Court to appeal against the appellate court’s decisions which did not rule in favour of them in respect of their judicial review.
“It is our opinion that the EC had adhered and complied with the principles in the 13th Schedule of the Federal Constitution,” said Raus, who presided with Federal Court judges Tan Sri Azahar Mohamed and Tan Sri Wira Aziah Ali.
He said the EC should submit to the Prime Minister a report as required under Section 8 of the 13th Schedule of the Federal Constitution.
Raus said ultimately it was up to the House of Representatives on whether to approve the report that was submitted by the EC.
“The Federal Constitution has entrusted the House of Representatives, as a proper body, to decide on the delimitation of constituencies,” he added.
He said it was the court’s duty to uphold and abide by the provision of the Federal Constitution.
He also said if the EC had complied with all the procedures and principles, the court should not encroach on matters pertaining to the delimitation exercise, or the court would be encroaching the functions of other bodies mandated by the Federal Constitution. — Bernama