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2013 MarsdenLR 602

HIGH COURT SABAH & SARAWAK KOTA KINABALU
MARCEL JUDE – Appellant
Versus
THE CHAIRMAN ELECTION COMMISSION OF MALAYSIA – Respondent


Table of Content
1. leave for judicial review requires clear grounds. (Para 1 , 1 , 2 , 3)
2. leave application must demonstrate substantial grounds. (Para 4 , 5 , 8)
3. electoral roll's validity cannot be challenged in courts. (Para 6 , 7 , 9 , 10 , 11)

[1] This is an ex parte application for leave for judicial review under O 53 r 3 of the Rules of 2012 (ROC 2012). The leave application was duly served on the Attorney General's Office. The Senior Federal Counsel has opposed the leave application.

Brief Background Facts

[2] The applicant is an advocate of the Sabah and Sarawak High Court. The defendant is the Chairman of the Election Commission of Malaysia. The applicant appeared in person. He was a candidate in the recently concluded General Elections which was held on 5 May 2013. He contested the state constituency of N15 Api-Api. He is also a registered voter in the state constituency of N16 Luyang and the Parliamentary constituency of P172 Kota Kinabalu. The complaint of the applicant is in respect of the legitimacy of the electoral roll. However, this application was filed just three days before polling day. Hence, the application was heard only after the elections were concluded.

R

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