Home Coalitions Clean and Fair Elections Constitutionality of boundary changes again thrown into question

Constitutionality of boundary changes again thrown into question

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The Coalition for Clean and Fair Elections (Bersih 2.0) supports the Malacca High Court’s decision on 23 April 2018 in granting leave for judicial review on the redrawing of constituency boundaries.

The case was coordinated by Bersih 2.0 and filed by seven voters in Malacca who challenged the constitutionality of the redelineation report which was passed by Parliament on 28 March 28.

The same seven plaintiffs also filed a similar case in 2017, challenging the second proposed recommendation by the Electoral Commission, but was dismissed by the Federal Court in February 2018 (before Parliament passed the report).

This means that the legality of the new electoral boundaries which will be used in the 2018 general election is once again thrown into question.

The legality of the general election will be affected if it is contested based on the new boundaries, and the court later finds them unconstitutional.

Bersih 2.0 reiterates that the root cause of the problem is the Electoral Commission, which abused the boundary changes process in all possible ways.

Bersih 2.0 maintains its position that the electoral boundaries that were passed in Parliament are unconstitutional as they are biased, unfair, and violate constitutional principles such as equality of votes and maintenance of local ties.

Bersih 2.0 calls upon the judiciary to defend the Constitution and the integrity of the electoral system by allowing the Malacca case to proceed with due process. The judiciary should act without fear or favour in ensuring checks and balances against the conduct of the Electoral Commission in this matter.

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Bersih 2.0 steering committee

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