KUALA LUMPUR: The High Court here dismissed a second attempt by 48 Segamat voters to challenge the Election Commission’s (EC) decision to gazette the names of 949 army personnel and their spouses as voters in the parliamentary seat.
The voters’ lawyer Michelle Ng said Justice Kamaludin Md Said today dismissed their second judicial review application on the grounds that the names of the army voters and their spouses had been gazetted in the electoral roll and the issue was now non-justiciable.
The Attorney-General’s Chambers (AGC), representing the EC, had argued that once the names are gazetted in the electoral roll, the decision can no longer be questioned in court.
The 949 army personnel and spouses were made Segamat voters on Feb 21, the same day the Court of Appeal allowed the EC’s appeal to set aside a previous High Court ruling granting leave to question the electoral authority’s decision to gazette them as voters.
Ng said she would seek the voters’ instruction on whether to appeal.
The 48 voters made their second legal challenge on Feb 26, after the Court of Appeal denied them leave to challenge the EC.
They were seeking to quash the decision made by the EC, its Johor registrar Shafie Taib and adjudicating officer Miswan Yunus to include the army men and spouses as Segamat voters.
Miswan heard the voters’ appeals from Jan 2 to 7 during an inquiry, but later dismissed these.
The 48 wanted a court declaration that the EC’s decision to include the army voters was unconstitutional.
They were also trying to stop the EC from including the names of the army personnel and their spouses in the electoral roll pending disposal of their court case.
DAP had previously questioned the move to transfer the soldiers, asking if this was done to “save” the parliamentary seat from falling into the opposition’s hands in the coming general election.
In the 2013 general election, MIC president Dr S Subramaniam won the Segamat seat after defeating PKR’s Dr Chua Jui Meng with a 1,217-vote majority.