This article first appeared in The Edge Financial Daily, on October 16, 2015.

PUTRAJAYA: The Federal Court has missed an opportunity to address the rights of voters when the Election Commission (EC) conducted its delineation exercise for state and parliamentary seats, said Datuk Ambiga Seenivasan.

The former chairman of electoral reforms coalition Bersih 2.0 said it was expected that the court would have given leave to appeal to discuss constitutional issues under Article 113 and the 13th Schedule of the Federal Constitution.

“We are disappointed that the apex court chose not to allow leave, so that the merits of the appeal could have been argued,” said Ambiga.

The lawyer and activist expressed hope that the EC would do the “right thing” in its delineation exercise for Sabah and Peninsular Malaysia.

“Bersih and other interest groups will keep a close eye on the EC,” said Ambiga, who appeared for Batu Lintang assemblyman See Chee How in challenging the EC’s re-delineation exercise in Sarawak.

Ambiga said voters must be given adequate details before they could participate in an inquiry conducted by the EC.

“Unfortunately, the Federal Court has affirmed the Court of Appeal’s ruling that minimum particulars need to be given to voters,” she said.

In a related matter, Bersih said yesterday the EC’s submission of the re-delineation exercise report to the Prime Minister’s Department before the case was decided in the Federal Court had brought the process of justice to a halt. 

Bersih also said the EC had insulted the judiciary by cutting short the legal process for “political interests”. “The EC’s hurried action, which did not even wait for the appeal to be filed in the Federal Court, has failed the process of justice,” the group’s steering committee said in a statement. — The Malaysian Insider