ALAUDDIN MOHD SHERIFF, HASHIM YUSOFF, MOHD GHAZALI YUSOFF
YAZID SUFAAT – Appellant
Versus
SURUHANJAYA PILIHANRAYA MALAYSIA – Respondent
Mohd Ghazali Yusoff FCJ:
[1] This is an application for leave to appeal from the decision of the Court of Appeal under s. 96(a) of the Courts of Judicature Act 1964 ("CJA"). It came up before us on 22 May 2009. We had in a unanimous decision dismissed it with costs.
[2] The applicants are Malaysian citizens and are registered voters in various constituencies. They are all detainees under the Internal Security Act 1960 ("ISA") at Pusat Tahanan Kamunting, Perak ("the said detention centre").
[3] The respondent is the Election Commission, constituted in accordance with art. 114 of the Federal Constitution and pursuant to art. 113 of the Federal Constitution is charged with the responsibility of conducting elections to the House of Representatives and the Legislative Assemblies of the States and prepare and revise electoral rolls for such elections.
[4] Learned counsel for the applicants intimated that there are six proposed questions of law which require a determination by this court and that these questions, if answered, will finally determine the matter and reverse the decision of the Court of Appeal; the questions formulated were as follows:
(a) Whether under Part VIII (in
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