Media Statement by Dr. Ong Kian Ming, MP for Serdang, on the 24th of October 2016
Judicial Review filed on behalf of 3 voters in Batang Kali / Kuala Kubu Baru challenging the illegal transfer of voters and redrawing of boundary lines by the Election Commission
On Friday, 21st of October 2016, lawyers representing 3 voters in the N6 Batang Kali and N7 Kuala Kubu state seats in Selangor filed a judicial review at the Higher Court of Malaya in Kuala Lumpur seeking to quash the outcome of the ‘belah bahagi’ exercise undertaken by the Election Commission on the 29th of April, 2016 and published in the Federal Government Gazette P.U. (B) 197.
This ‘belah bahagi’ exercise was undertaken by the Election Commission under Section 7(2) of the Elections Act 1958. But the EC does not have the right to shift voters from one constituency to another, be it at the state or federal level. Nor does the EC have the right to redraw the boundaries of a constituency, be it at the state or federal level unless it is in the context of a delimitation exercise.
In the delimitation exercise which was announced by the Election Commission on the 15th of September 2016, the boundaries of the P94 Hulu Selangor state seat, which includes the boundaries of the state seats of Batang Kali and Kuala Kubu Baru, were not affected. This means that voters who were shifted from Batang Kali to KKB and vice versa under the ‘belah bahagi’ exercise cannot have their objections heard during the public investigation and hearing portion of the delimitation exercise.
As such this judicial review is the only option left to the voters of Batang Kali and KKB to object to the illegal redrawing of boundaries and transfer of voters by the EC on the 29th of April.
It is clear that when we compare the electoral boundaries of the KKB seat in the 13th General Election and the electoral boundaries of the same state seat after the ‘belah bahagi’ exercise on the 29th of April 2016, that the boundaries have been changed (See Figure 1 below)
Figure 1: Comparing the electoral boundaries of the Kuala Kubu Baru state seat in the 13th General Elections (blue border) and the electoral boundaries of the KKB state seat after the ‘belah bahagi’ exercise (white border)
As a result of this illegal boundary change, over 5000 voters were moved from the Batang Kali state seat to the Kuala Kubu Baru state seat. The judicial review filed seeks to overturn this EC decision.
Dr. Ong Kian Ming
Member of Parliament for Serdang