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2017 MarsdenLR 369

COURT OF APPEAL PUTRAJAYA
HARIS FATILLAH MOHD IBRAHIM – Appellant
Versus
SURUHANJAYA PILIHAN RAYA MALAYSIA – Respondent
[Civil Appeal No: W-01(A)-271-08-2015)]



The appellant lacked locus standi to seek declarations related to the delimitation process under constitutional provisions.

Headnote:The appellant sought declaratory relief concerning the delimitation of parliamentary and state constituencies under the 13th Schedule of the Federal Constitution. The High Court dismissed the summons on various grounds including the lack of locus standi of the appellant, which the appellant challenged on appeal by citing principles of standing and freedom of information. The appeal was dismissed affirming the High Court's ruling on the merits as per constitutional provisions and statutory duties of the respondent.

Table of Content
1. background facts and appellant's claims regarding locus standi. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. court's reflections on legal standing and relevant case law. (Para 7)

[1] This is an appeal against the decision of the High Court at Kuala Lumpur which dismissed the appellant's Originating Summons dated 19 January 2015. By the said Originating Summons, the appellant is seeking to obtain relevant information pertaining to the proposed delimitation of Parliamentary and State Constituencies ("delimitation exercise") to be carried out by the respondent pursuant to the notice to be issued under s 4, Part II, Thirteenth Schedule of the Federal Constitution ("13th Schedule of the FC ").

The Appellant's Originating Summons Before The High Court

[2] The appellant's Originating Summons before the High Court is for the following declaratory reliefs:

(a) that all the affected persons have the right to all information in relation to changes made to parliamentary and state constituencies where these people were registered voters or all other parliamentary or state constituencies;

(b) that all information which may be relevant ("the Relevant Information") including the recommendations or proposed recommendations ("the Recommendations"), map or maps of the constituency, voting areas and the reasons for the proposed changes including all relevant documents used in support and/or justification of the proposed changes;

(c) that all the affected persons be conferred with the right to the Relevant Information in the form which would enable all the affected persons to make effective representations pertaining to the proposed recommendations under s 5 of the 13th Schedule of the FC ;

(d) that the respondent does not have the right or authority to restrict the right of examination of all the affected persons only to the physical examination for recommended proposals at the designated and fixed location in a constituency; and

(e) that the Relevant Information, including the publication of the information in digital form available vide the respondent's web p or copies of the same be made available to the affected person, whether living in Malaysia or outside Malaysia at nominal costs, to enable the said affected persons to make effective representations within the time provided by s 4(b) of the 13th Schedule of the FC .

[3] The application is supported by an Affidavit affirmed by the appellant on 16 January 2015.

[4] In opposing the application, the respondent filed an Affidavit in Reply affirmed by Tan Sri Dato' Seri Abdul Aziz Mohd Yusof on 16 February 2015.

[5] The appellant's Affidavit in Reply affirmed by the appellant on 25 February 2015.

Background Facts

[6] Briefly, the background facts leading to the filing of the Originating Summons herein are produced below:

(1) The appellant averred that he is a registered voter in the Parliamentary Constituency of Petaling Jaya Selatan, P105, and the State Constituency of the State Legislative Assembly of Bukit Gasing. The appellant also averred that he was among the majority of 52% popular voters during the 13th General Election;

(2) Around October 2013, the respondent had announced to the public of its intention to gather information to commence a nationwide delimitation exercise in accordance with ss 4 and 5 of the 13th Schedule of the FC ;

(3) Pursuant to the said exercise, the public will be allowed to make representations after the publication of the delimitation notice by way of Gazette at identified areas and in the local newspapers circulating in the constituencies;

(4) The representations can be made within one month of the gazetting of the delimitation notice at an identified area of a particular constituency;

(5) By a letter dated 8 December 2014, the appellant wrote to the respondent requesting from the respondent that he supplied with all Relevant Information to enable him to make an informed representations relating to the said process. This request was made under ss 4 and 5 of the 13th Sc

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