Friday 22 May 2015

Full judgment of See Chee How & Another vs Chairman Election Commission



The decision, action and omission of the Respondent in relation to the performance of this aspect of their public function is subject to judicial review. In other words, the Respondent is not above the law.  Hence, this head of preliminary objection must fail. - Judge Datuk Yew Jen Kie

IN THE HIGH COURT IN SABAH AND SARAWAK AT KUCHING
APPLICATION FOR JUDICIAL REVIEW NO: KCH-4 13NCVC-3/1-2015 5

In the matter of an application by SEE CHEE HOW (WN KP 640120-13-7 5635) and PAULS BAYA (WN KP 601031-13-5391)
(Application made  for and on behalf of themselves and others being the registered voters in the state of Sarawak having an interest in the proposed recommendations of the Election Commission of Malaysia to review the division of the State of Sarawak into constituencies for the purpose of elections to the Sarawak State Legislative Assembly) having an interest in the proposed recommendations of the Election Commission of Malaysia to review the  division of the State of Sarawak into constituencies for the purpose of elections to the Sarawak State  Legislative Assembly for inter alia a Declaration that the publication and or notification of the  Election Commission under Clause (2) of Article 113 of the Federal Constitution to review the division of the State of Sarawak into constituencies for the purpose of elections to the Sarawak State  Legislative Assembly was not in compliance with the provisions contained in the Thirteenth Schedule  and is null, void and of no effect;

See Chee How