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2017 MarsdenLR 1180

HIGH COURT MALAYA KUALA LUMPUR
KERAJAAN NEGERI SELANGOR – Appellant
Versus
SURUHANJAYA PILIHAN RAYA MALAYSIA & ORS – Respondent


Petitioner Advocates:Cyrus Das,Ambiga Sreenevasan,Derek Fernandez,Latheefa Koya,Lim Wei Jiet ,Respondent Advocate: Amarjeet Singh,Alice Loke,Suzana Atan,Shamsul Bolhassan,Azizan Md Arshad,Nik Azrin Zairin Nik Abdullah

Judgement Key Points

Key Points: - (!) (!) - (!) (!) - (!) (!) (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!)

What is the central issue regarding the justiciability of judicial review of electoral boundary recommendations under the Federal Constitution?

What is the proper forum for challenging malapportionment or gerrymandering in the delimitation process?

What is the impact of using current electoral rolls and addresses on the validity of the Election Commission's proposed recommendations?


Table of Content
1. the election commission must conduct periodic reviews of constituency boundaries. (Para 1 , 3 , 4 , 5)
2. judicial review application against the election commission. (Para 2)
3. grounds of challenge include malapportionment and lack of adherence to constitutional provisions. (Para 10 , 11)
4. evidence indicated serious discrepancies but were deemed non-justiciable. (Para 12 , 19 , 30)
5. challenges to compliance with constitutional provisions. (Para 14)
6. weight of evidence regarding malapportionment allegations. (Para 18)
7. judicial review on non-justiciability. (Para 40)
8. final decision rests with parliament, limiting judicial review. (Para 60)

[1] The applicant, the state government of Selangor, sought to challenge the proposed recommendations of the Election Commission in connection with its review of the division of the Federal and State constituencies in Selangor. The 1st respondent in this case is the Election Commission. The 2nd and 3rd respondents are its Chairman and Secretary respectively.

[2] Leave to commence a judicial review application was granted on 16 December 2016. No arguments were offered by the Attorney General's Chambers to oppose the applicati

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