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2017 MarsdenLR 1697
COURT OF APPEAL PUTRAJAYA
PEGUAM NEGARA MALAYSIA – Appellant
Versus
CHAN TSU CHONG & ORS – Respondent
[Civil Appeal No: M-01(A)-198-06-2017]
Petitioner Advocates:Amarjeet Singh,Suzana Atan,Shamsul Bolhassan,Azizan Mohd Arshad,Nik Azrin Zairin Nik Abdullah ,Respondent Advocate: Ambiga Screenevan,J Amardas,KP Ng,Kee Tong Kiat,Caroline Chin,Lim Wei Jiet
Judicial review is permissible where constitutional compliance in electoral matters is questioned; however, proposed recommendations may not bind unless duly confirmed by the legislature.
Headnote:The Attorney General appealed against the High Court's decision granting leave for judicial review of the Election Commission's delimitation process. Key issues included constitutional compliance of electoral roll usage and the deliberation of state constituency unit reviews under Article 113 of the Federal Constitution. Ultimately, the appellate court found insufficient merit to uphold the High Court's decision and reversed it, dismissing the applicants' claims.
| Table of Content |
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| 1. constitutional procedure for electoral delimitation. (Para 1) |
[1] This is an appeal by the Attorney General who appeared below against the decision of the learned High Court Judge granting leave to the applicants/ respondents to commence judicial review proceedings. We heard the appeal on 18 July 2017. After hearing submissions from learned counsel for the appellant and the respondents, we unanimously allowed the appeal. We now provide the detailed reasons for our decision.
