PETALING JAYA: Bersih 2.0 chairman Maria Chin Abdullah (pic) has withdrawn her appeal against the Kuala Lumpur High Court's decision to refuse her leave for a judicial review to challenge the Election Commission’s redelineation exercise.
Bersih 2.0 said that if it proceeded with the appeal, the “outcome would not be favourable” as it may lead to a precedent that would have adverse affects on pending and future redelineation lawsuits.
“We regret that our leave was not granted in the High Court and now circumstances have also led us to stop our pursuit in the Court of Appeal,” it said in a statement Monday.
The electoral watchdog said that although it has withdrawn its lawsuit, it believed that Maria Chin’s legal challenge has helped draw public attention to the issue.
In November last year, Judicial Commissioner Azizul Azmi Adnan dismissed the case, saying he found that Maria Chin did not have an arguable case.
Meanwhile, Bersih claimed that the lack of landmass information being made available would impair any objection by interested parties to challenge the EC on whether due weightage had been given according to the 13th Schedule of the Federal Constitution.
Hence, Bersih argued, this would compromise voters’ ability to scrutinise and challenge the EC’s proposals should it propose any redelineation it deems necessary.
Bersih cited sub-section 2(c) of the 13th Schedule that states that the number of electors in each constituency had to be approximately equal, and if it faced disadvantages, a measure of weightage would be looked into.
“The information is necessary and crucial to assess the constitutionality of the vast disparity in proposed electorates of P092 Sabak Bernam (37,126), P094 Hulu Selangor (76,599), and P106 Damansara (150,439).
“The ratio of 4:1 between P106 Damansara and P1092 Sabak Bernam is clearly a grave deviation from the ‘approximately equal’ apportionment,” Bersih said.
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