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2025 MarsdenLR 2014

COURT OF APPEAL PUTRAJAYA
TAMILESWAARAN RAVI KUMAR – Appellant
Versus
SURUHANJAYA PILIHAN RAYA MALAYSIA & ANOR – Respondent


Petitioner Advocates:New Sin Yew,Nur lzni Syazwani Ahmad ,Respondent Advocate: Mohammad Al-Saifi Hashim,Nur Syazwani Abdul Aziz,Fauziah Daud

Table of Content
1. novel questions of law on voting rights. (Para 1)
2. appellant is eligible to vote but tested positive for covid-19. (Para 2 , 3 , 4)
3. legal relief sought for unlawful denial of voting rights. (Para 5)
4. high court's reasoning regarding the denial of voting is contested. (Para 7)
Wong Kian Kheong JCA:

A. Introduction

[1] This appeal (This Appeal) discusses the following two novel questions:

(1) whether the Election Commission, the 1st respondent in This Appeal (1st Respondent), could lawfully deny the right of the appellant (Appellant) under art 119(1) of the Federal Constitution ( FC ) to vote on 12 March 2022 in the Johore State Elections (Elections) in respect of Skudai constituency on the ground that the Appellant had contracted COVID-19 disease and was consequently barred from voting in the Elections by a Standard Operating Procedure (SOP) issued pursuant to reg 17(1) of the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (National Recovery Plan) (Transition Phase to Endemic) Regulations 2022 (PCID Regulations); and

(2) if the Appellant's right to vote in the Elections had been unlawfully deprived by the 1st Respondent, in add

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