Voters seek another judicial review of Electoral Commission’s refusal to hold local inquiries

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Bersih 2.0 is confident that as long as the Electoral Commission continues to shirk its constitutional duties in the redelineation exercise, more ordinary voters will be there to hold them to account.

On 19 June 2017, three voters in Bandar Tun Razak filed a judicial review against the Electoral Commission for its refusal to hold a local inquiry into the second round of proposals for the redelineation exercise. The hearing for leave to judicial review at the High Court will be held on 1 August 2017.

On 7 April 2017, a total of 102 voters registered in that constituency had submitted an objection to the Electoral Commission’s office in Kuala Lumpur. Subsequently, the voters were informed their objection had been rejected because they did not fulfil the requirements to make an objection.

Despite seeking a written explanation from the commission, the voters have received no response.

With assistance from lawyers and volunteers, it was determined that there are no legal grounds for the rejection of the objection as all 102 voters are registered in Bandar Tun Razak on the current electoral roll, as stipulated in Section 5(b) of the Thirteenth Schedule of the Federal Constitution.

Bersih 2.0, as part of the Delineation Action Research Project (Dart), commends these voters for their willingness to step up and stand up to the Electoral Commission’s lack of transparency and accountability.

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The commission has continued its pattern of refusing to hold local inquiries without giving sufficient explanation or reason. In the first round of proposals in 2016, the commission faced two similar court cases and before the cases were due to be heard by the court, the it backed down and allowed the inquiries to be held.

It is clear this is now happening for the second display as well. Bersih 2.0 is confident that as long as the Electoral Commission continues to shirk its constitutional duties in the redelineation exercise, more ordinary voters will be there to hold them to account.

Bersih 2.0 will continue to provide support for these voters and others who have been unjustly treated by the commission.

Bersih 2.0 steering committee

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