PETALING JAYA: Four Sabah assemblymen have filed an appeal to set aside last month’s High Court ruling refusing them leave to pursue an order compelling the Election Commission (EC) and the national registration department (JPN) to conduct a forensic audit of the state’s 2022 electoral roll.
Yong Teck Lee (appointed assemblyman), Abidin Madingkir (Paginatan), Jasnih Daya (Pantai Dalit) and Anwar Ayuub @ Annuar Ayub (Liawan) filed their notice of appeal to the Court of Appeal on Jan 13.
Senior federal counsel Ahmad Hanir Hambly, who appeared on behalf of the attorney-general to oppose the leave application in the High Court, confirmed that a copy of the appeal notice has been extended to the Attorney-General’s Chambers.
The four assemblymen had also wanted the two respondents to determine the veracity of the citizenship of all newly registered voters.
However, Justice Christopher Chin ruled on Dec 22 last year that there was no evidence before the High Court pointing to any blatant breach of the law as submitted by the applicants.
He said this application would have probably been viewed differently had there been a random sampling of names from the electoral roll and searches showing them to be of dubious origin.
Chin said the leave application was disallowed on the basis that the threshold of exceptional circumstances had not been cleared.
He, however, said the application was not frivolous.
“If one lives and grows up in Sabah, it is blatantly obvious that persons from neighbouring countries that do not share the same level of education and civil behaviour are known to become Malaysian citizens of Sabah origin,” he said when delivering his ruling.
The assemblymen, who filed the action in November, had also sought a mandamus order compelling the state to adopt its 2020 electoral roll pending the outcome of the forensic audit.