Semenyih voter fails court bid to postpone March 2 by-election

26-Feb-2019 Intellasia | Malay Mail | 6:00 AM Print This Post

The High Court today rejected 58-year-old Sabariah Mohd Shariff’s attempt to stop the Election Commission (EC) from proceeding with voting for the Selangor state constituency of Semenyih this Saturday on grounds that it is allegedly illegal.

The judge SM Komathy ruled that it was bound by the 2017 precedent decision made by the Court of Appeal in a similar case initiated by Nurul Izzah Anwar, news portal Malaysiakini reported.

“The High Court judge has ruled to reject the originating summons filed by Sabariah Mohd Sharif on grounds that, firstly, the court is bound by a 2017 decision in a case brought by Nurul Izzah.

“In that case, the Court of Appeal decided that, with reference to Section 33C under Schedule 13 of the Federal Constitution, functions of the EC are not affected by its lack of members,” Sabariah’s lawyer Mohd Khairul Azam was quoted saying.

He added that EC chair Azhar Azisan Harun who was among those listed as defendants is capable of carrying out the commission’s functions “on his own”.

Sabariah, said to be a Semenyih voter, was reported to have filed an originating summons alleging that the EC is no longer a legit body after January 1 this year as it lacked the required number of sitting members under Article 114(1) of the Federal Constitution when Azhar chaired the January 18 meeting to set the by-election for the Selangor seat.

She had named the EC, its chair Azhar, and the federal government as defendants.

She wanted the court to declare the Semenyih by-election illegal and that all the decisions made by Azhar as the EC chief were null and void.


Category: Malaysia

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