No judicial review on delimitation of Penang constituencies

GEORGE TOWN: The Penang High Court today dismissed a judicial review application from Bukit Bendera MP Zairil Khir Johari on the delimitation of Penang constituencies.
Jugde Lim Chong Fong did not grant leave and dismissed the case without costs as he found the Malaysian Federal Constitution had no provision for the Courts to review such matters.
He also found the redrawing of boundaries was for Parliament alone to decide, referring to a case in England involving the Boundary Commission there.
He however said this did not mean the Courts had no role to play as it (Courts) must ensure decision making bodies adhere to the rules.
"The Courts can and will intervene if the rules are breached," he said in his ruling.
In his application, Zairil, represented by Yap Boon Hau, contended the proposed Penang parliamentary and state constituencies were null and void as it did not address the "malapportionment of constitutencies" in Penang.
He had sought a declaration the failure by the Election Commission (EC) to review the delimitations of Bukit Bendera, Tanjung Bungah, Air Putih, Kebun Bunga and Pulau Tikus constituencies was unconstitutional.
Speaking outside, Yap noted the Court may review the issue in an appropriate case and the discretion the EC had was not unfettered.
He said the Court is of the view that judicial review is not the appropriate process until the delimitation recommendations are submitted to the Prime Minister.
"We will study the written grounds and decide what to do next," he said.
The EC was represented by Senior Federal Counsel Shamsul Bolhassan and Senior Federal Counsel Nik Azrin Zairin Nik Abdullah.
Shamsul said the Court found the recommendations and not decisions which needed to be tabled to Parliament.
"Parliament can either accept, reject or amend," he said.