Debating EC's redelineation report violates Constitution, claims Klang MP

  • Nation
  • Monday, 26 Mar 2018

KUALA LUMPUR: Any debate on the Election Commission's (EC) final redelineation report in Parliament would contravene the Federal Constitution, says Klang MP Charles Santiago.

He claimed that lawmakers can only debate the proposed redelineation report if all notices of legal challenges against it had been decided by the courts.

"I should not have to remind (Parliament Speaker) Tan Sri Pandikar Amin Mulia that he would be violating the rule of law and going against the Federal Constitution if he allows the debate," he told reporters at the Parliament lobby on Monday (March 26).

Santiago also pointed out that the EC, as required by the Constitution, has yet to investigate 107 notices of objection filed by Selangor voters against the second redelineation proposal since January.

"The Constitution clearly states that the EC can only submit the report to Prime Minister Datuk Seri Najib Tun Razak after local investigations are completed."

At present, both the Selangor and Penang government have ongoing court cases against the EC's redelineation report.

Last week, 107 people in Selangor, along with electoral watchdog Bersih 2.0, filed a judicial review application to challenge the EC redelineation recommendations.

The Penang government also filed a motion at the Federal Court on March 16 for leave to appeal against the EC's recommendations.

"These courts must be allowed to make a decision before the report can become a valid document, which is then submitted to Najib," said Santiago.

He also claimed that the distribution of the redelineation report to lawmakers last week violated requirements of the Federal Constitution.

"Pandikar is clearly aware of this as he made a decision last year that Parliament could not debate any cases that are being heard in the courts," he said.

Santiago also claimed that the report was being "bulldozed" through Parliament.

The motion on the redelineation report, distributed to lawmakers last week, will be tabled for first reading in Parliament on Wednesday (March 28).

Lawmakers are not allowed to publish or distribute the report in any form until the embargo is lifted on Wednesday.

The motion, once debated and passed with a simple majority of 111 lawmakers in Parliament, will be gazetted upon receiving Royal assent.

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