Results 1 to 10 of 10

Thread: Delimitation: Equalising our constituencies : The 52% will strike back

   
   
       
  1. #1
    Join Date
    Oct 2008
    Posts
    13,391

    Delimitation: Equalising our constituencies : The 52% will strike back

    The People's Parliament
    We are here, not because we are law-breakers; we are here in our efforts to become law-makers – Emmeline Pankhurst

    Equalising our constituencies : The 52% will strike back

    Posted on November 16, 2014


















    Posted on November 16, 2014





    Moderator’s note : This is how it is going to work.


    I share my thoughts through my column at the Rakyat Times.


    My activism, be it through ABU, Negara-Ku or any other vehicle, will continue to be driven through this blog.


    ______________________________
    In my column in the Rakyat Times last Friday, entitled “Will we, the 52%, strike back?”, I alluded to the wholesale gerrymandering and malapportionment that afflicts our parliamentary constituencies and how this was a major factor in BN continuing to form the federal government post the 13th GE although they had only garnered 47% of the votes cast.


    I also referred to the anticipated delimitation exercise by the Election Commission that is expected to kick off soon and how, according to Wong Pung Yiow of Tindak Malaysia, this exercise offers the best opportunity to us, the 52% who voted for change at the last GE, to “right the inherent wrongs in our present constituency boundaries”.


    According to Wong, two things can be achieved if we are permitted to effectively exercise our constitutional right with regard to this imminent delimitation exercise.


    First, we can work towards equalizing our constituencies, aspiring towards achieving the ideal of 1 person, 1 vote, 1 value throughout the constituencies.


    Second, and this will go a long way towards helping us achieve the first, to prevent the increase in the number of parliamentary constituencies from the existing 222, which, according to Wong, already far exceeds the number that we actually need.


    There were three comments to my column that I want to reproduce here.


    Blogsmith asked : “How do we the 52% strike back? We need leaders to lead and point the way”


    Lee King Siong : “The question is how do we strike back?”


    Loyal Malaysian : “…we have no strategy or plan of action to take!!”


    We have a strategy and a plan.
    I will share it with you in the next few posts.
    py

  2. #2
    Join Date
    Oct 2008
    Posts
    13,391
    ABU launches 52% campaign to stop seat increase


    Details Created On Monday, 17 November 2014 13:18Published Date Written By Ali Abu Category: News



    ABU (Asalakan Bukan Umno) has today announced the beginning of a campaign to reach out to and educate citizens who are dissatisfied with the results of the last general election.


    GE13 saw fifty-two percent of the population voting for a change in government, but they did not get it.


    Haris Ibrahim, one of the leaders of ABU, in announcing the launch of the campaign on his blog 'The People's Parliament' in the early hours of this morning, said that in the coming days, the campaign would begin to take shape and would be announced on his blog and on the ABU Facebook page.


    No details of the campaign have been provided thus far.

    In his posting this morning, Haris also warned that he had received information "that UMNO and the EC are in negotiations with one or more of the opposition parties to work out a 'sharing' of the proposed increased seats" and that "PAS is the cause for concern".


    The campaign is a response to the delineation exercise the Election Commission (EC) intends to carry out, which some feel is a ploy by the ruling government, Barisan Nasional, to create more seats to ensure that they can win GE14, and thus gain a stronger foothold in Parliament.


    At a Tindak Malaysia press conference on Nov 7, Tindak Malaysia researcher Ng Chak Ngoon said that the EC was under the Prime Minister's department, which effectively made Prime Minister Datuk Seri Najib Abdul Razak chief of the elections machinery.


    "So, whatever has been decided, is actually decided by the Prime Minister," he said.


    Maria Chin Abdullah (left), chairperson of Bersih 2.0, said at the same press conference that every time the seat number was increased, Barisan Nasional was guaranteed a landslide victory.


    She cited previous elections as examples of this trickery.


    She also said that the important thing to consider was the quality of MPs, not just the quantity.


    Tindak Malaysia founder Wong Piang Yow (right) said that there should not be any net seat increases, but rather, a redistribution of seats throughout the Peninsula that would result in equal representation.


    "One man, one vote, one value," he said.


    Currently, the distribution of seats is not proportionate to the population count.


    'Out of proportion'


    Johor, for instance, has two-thirds of the population of Selangor.


    However, it has 26 parliamentary seats, compared to Selangor's 22.


    ABU's campaign plans to reach out to the 52% - or more – to correct this issue.


    It aims to rectify the disproportionate number of seats to the number of voters, and also to prevent an indiscriminate increase in the number of seats, which might only worsen the already unequal distribution.


    Wong recently explained in an interview with ABU chief Haris Ibrahim that people can exercise their constitutional right, which allows them to object to the proposed re-drawing of the constituency boundaries.


    However, he said, there were barriers to exercising this right. There is a 30-day window for objections to be put forth, and by a minimum of one hundred people.


    The biggest problem, however, is that no district office displays the entire Peninsula with its redrawn borders – only its own constituency will be on display.


    This makes it difficult for voters to determine whether the newly-drawn borders result in an equal number of voters per constituency or otherwise.


    The 52% is beginning to strike back.




    py

  3. #3
    Join Date
    Oct 2008
    Posts
    13,391
    The 52% strike back : No Seat Increase





    Posted on November 17, 2014
    2





    On behalf of BN, the Election Commission is expected to propose an increase, via the imminent delimitation exercise, in our parliamentary seats from the present 222.

    BN cannot push this increase through on the strength of their own seats as such an increase requires a 2/3 majority in Parliament.

    BN does not have that requisite majority.

    Why?

    We, the 52% who voted for change at the last GE, and not Pakatan Rakyat, denied BN a 2/3 majority.

    Now we hear that UMNO and the EC are in negotiations with one or more of the opposition parties to work out a ‘sharing’ of the proposed increased seats.

    My sources tell me that PAS is the cause for concern.


    With this video,


    ABU launches its campaign to reach out to the 52% to stop this seat increase.


    In the coming days, this campaign will begin to take shape and will be announced here and at the ABU Facebook page.


    For now, please help to viral out this video to everyone you know to be part of that 52%.


    ABU! ABU! ABU!
    py

  4. #4
    Join Date
    Oct 2008
    Posts
    13,391
    The 52% strike back : Dear Yang Berkhidmat


    Posted on November 24, 2014
    8





    A week ago, in my “The 52% strike back : No Seat Increase” post, I wrote of how the Election Commission is intent on increasing, via the imminent delimitation exercise, our parliamentary seats from the present 222.

    I also wrote that BN cannot push this increase through Parliament on their own strength as any such increase requires a 2/3 majority approval in Parliament.

    They would need the support of at least 14 opposition MPs to see the increase through, and we hear that some opposition MPs are ‘talking’ and inclined to horse trade.

    Against this backdrop, I announced that ABU would be launching a campaign to ensure there is no seat increase.

    Actually, the campaign has several phases, and will include a concerted effort to equalise the existing constituencies.

    More on the later phases at the appropriate time.

    Let me just say now that ABU cannot go anywhere with this campaign without the optimum involvement of the 52% who voted for change at the last GE.

    Yes, you.
    ________________________

    Ketuanan Rakyat.

    People are the BOSS.

    How often I have heard Anwar Ibrahim use the first phrase in reference to us, the Rakyat.

    How often I have heard the Pakatan MPs say that we, the Rakyat, are the BOSS.

    So let’s act like Bosses.

    ABU intends to send a memorandum to the leadership of the 3 Pakatan Rakyat parties to state our case as to why they should not lend their support to any move to increase the seats in Parliament.

    Such a memorandum would be on behalf of the 52% who voted the opposition MPs into Parliament.

    To hold out that we represent the Rakyat in submitting the memorandum, we must be seen to have been mandated by you.

    I ask you to now mandate ABU to act on your behalf.

    How?

    This morning I wrote to my MP, Yang Berkhidmat Hee Loy Sian of PJ Selatan, to tell him I did not wish to see a seat increase, and to direct him to vote down any Bill that proposes such an increase and to also work with civil society initiatives that are opposed to the proposed seat increase.

    That letter has been copied to an email address, 52peratus@gmail.com, created to collect copies of all such letters so that ABU can keep track of the MPs who have been written to and to assess if we have received adequate support in order to enable us to make appointments to deliver the memorandum to the Pakatan leaders.

    My letter to YB Hee Loy Sian is reproduced below, together with a translation in Bahasa Malaysia, as a template that you can use to write to your own MP.

    The email address of your opposition MP can be found in one of the 4 PDF links below.

    A reminder : please c.c your letter to 52peratus@gmail.com


    My post mentioned above was carried on my Facebook page. It garnered 1,099 likes and 509 shares.

    Would it be too much to hope that those likes and shares will now be translated into active participation in this campaign, to mandate ABU?

    Please?


    _DAP MPs
    PAS MPs
    PKR MPs
    PSM MP
    __________________________________

    In English


    24th November, 2014

    heels70@gmail.com

    pjselatan@gmail.com

    Yang Berkhidmat Hee Loy Sian
    Objecting the Proposed Seat Increase by the EC

    My name is Haris Fathillah bin Mohamed Ibrahim (NRID: 590404-08-5067), and I am a voter in the parliamentary constituency of P105 Petaling Jaya Selatan. I am writing to you with regard to the proposed redelineation exercise that is to be carried out by the Election Commission.

    I have come to learn that the EC is planning on increasing the number of Parliamentary seats from the current 222. Such an increase would require the approval of two thirds of Parliament.

    But seeing as Barisan Nasional fall short of the required 148 seats to make up two thirds of Parliament, they would logically require some of the opposition MPs to make up this number.

    There are rumours that some opposition MPs are already in negotiations with BN and the EC to ‘share’ these additional seats. I feel that this would be tantamount to a betrayal of Pakatan Rakyat’s election pledges—the coalition that 52 percent of Malaysians voted for.

    Therefore, I am directing that you, as my elected representative from PR, do your utmost to preserve the sanctity of the democratic process, and object to the proposed seat increase.

    I am also directing that you lend your support to the civil society organisations who are opposing this proposed seat increase, and who are attempting to ensure the fair distribution of voters across constituencies.

    Thank you.

    c.c. 52peratus@gmail.com

    _______________________
    In Bahasa Malaysia

    heels70@gmail.com

    pjselatan@gmail.com

    Yang Berkhidmat Hee Loy Sian

    Bantahan Cadangan Pertambahan Kerusi Parlimen oleh SPR


    Seperti yang tertera di atas, saya, Haris Fathillah bin Mohamed Ibrahim (NRID: 590404-08-5067), seorang pengundi dari kawasan P105 Petaling Jaya Selatan, menulis kepada tuan berkenaan dengan urusan persempadanan semula yang akan dijalankan oleh Suruhanjaya Pilihan Raya (SPR) dalam masa akan datang.

    Saya telah difahamkan bahawa SPR sedang merancang untuk menambahkan kerusi Parlimen dari angka 222 yang sedia ada. Pertambahan ini akan memerlukan sokongan dua pertiga Dewan Rakyat.

    Tetapi Barisan Nasional tidak mempunyai kerusi yang cukup untuk membentuk majoriti dua pertiga ini (148 kerusi). Secara logik, jika inginkan bilangan kerusi parlimen ditambah, mereka akan memerlukan kerjasama dari pihak pembangkang.

    Terdapat khabar yang mengatakan bahawa sesetengah ahli Parlimen dari pihak pembangkang sudahpun dalam perbincangan dengan BN dan SPR untuk meluluskan pertambahan ini dan ‘berkongsi’ kerusi Parlimen yang baru. Jika khabar ini benar, ini akan bermakna Pakatan Rakyat sudah mungkir janji dan memperdaya 52% peratus rakyat yang mengundi untuk kamu.

    Oleh itu, saya mengarahkan tuan sebagai wakil rakyat kawasan P105 Petaling Jaya Selatan di Dewan Rakyat untuk memastikan keutuhan proses demokrasi di Malaysia terpelihara, dan membantah apa-apa cadangan atau tindakan yang akan membawa kepada penambahan kerusi Parlimen.

    Saya juga mengarahkan tuan untuk memberi sokongan kepada organisasi masyarakat sivil yang membantah pertambahan ini, dan juga mereka yang sedang bekerja keras untuk memastikan pengagihan pengundi yang adil dalam urusan persempadanan semula.


    Sekian, terima kasih.


    s.k. 52peratus@gmail.com
    py

  5. #5
    Join Date
    Oct 2008
    Posts
    13,391
    The 52% strike back : Are we playing poison ball?


    Posted on November 26, 2014
    3





    You remember that game in school?



    Where the object was to not be caught with the ‘poison ball’ in your possession?

    Pas the buck, if you will.

    Now what has this got to do with the 52% campaign that ABU launched to get the rakyat to work together to prevent a parliamentary seat increase, so that we might not be cheated again come the 14th GE?

    So as to optimise the outreach of my “The 52% strike back : Dear Yang Berkhidmat” post to as many of you who voted for change in the 13th GE, I carried that post on my Facebook page.

    Even promoted it, in the hope of getting it out far and wide.

    And it did.



    As you can see, it reached 95,136 people.

    There were 861 likes.

    And 335 shares.

    Not bad, the ABU team and I thought.

    Should give us a good response to this campaign.

    Or so we thought.

    As at last night, 11pm, only 53 have written to their MP.

    The team and I met last night.

    Could it be that the task of letter-writing to the MP is too complicated?

    We timed it, given that a template and the email addresses of the MPs concerned have been provided.

    10 minutes, max.

    So why the poor response, we asked?

    Are all those likes, those shares, a convenient ‘pass the buck’ to the next person to do something while the ‘liker’ and ‘sharer’ looks on, doing nothing?

    Have we naively expected that people would step up to take ownership of our electoral process, do something rather than just content themselves with bitching in cyberspace?

    Have we mistakenly assumed that the majority of people do really care, and will go beyond cheering from the cyber sidelines?

    Should we just give up on the Malaysian middle class?

    You tell me.
    py

  6. #6
    Join Date
    Oct 2008
    Posts
    13,391
    Phase 2 of the 52% strike back : Dear EC







    Posted on December 9, 2014
    1





    In Phase 1, many of you and I wrote our MPs to say we wanted them to vote against a parliamentary seat increase.

    I had promised you that I would then send a memo to the Pakatan leadership to say the same.

    I was planning to do that today, but as things would have it, I attended a meeting yesterday where PAS deputy president, Mat Sabu and PKR sec-gen Rafizi Ramli were in attendance.

    So I have delivered the memo to them yesterday and, hopefully, either today or tomorrow, will arrange for the same to be delivered at the DAP HQ.

    Until that is done, I think courtesy requires me to refrain from disclosing the contents of the memo.

    So let me tell you about Phase Two of this “52% Strike Back” effort.

    Yesterday, round about noon, I delivered a letter to the Election Commission.

    It requests for information in relation to their proposed redelineation.

    I have given them 7 days to revert back to me, failing which I will leave the matter with my solicitors for further action.

    Let me explain.

    Under the 13th Schedule of the Federal Constitution, the EC, in undertaking a redelineation, must apply several principles.

    For our present purpose, the important guiding principle is that ” the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies”.

    They don’t have to be absolutely equal, but approximately, unless other factors narrated in the Constitution necessitate a departure from this “approximately equal”.

    Let’s look at the parliamentary constituencies in Selangor.

    I vote in PJ Selatan.

    At the last GE, the number of registered voters in Pj Selatan was 79,558

    Let’s look at the registered voters in the other parliamentary constituencies in Selangor

    [P092] Sabak Bernam : 37,318

    [P093] Sungai Besar : 42,837

    [P094] Hulu Selangor : 85,697

    [P095] Tanjong Karang : 42,333


    [P096] Kuala Selangor : 62,298

    [P097] Selayang : 105,895

    [P098] Gombak : 123,290


    [P099] Ampang : 83,135

    [P100] Pandan : 83,857

    [P101] Hulu Langat : 127,347

    [P102] Serdang : 133,139

    [P103] Puchong : 107,010

    [P104] Kelana Jaya : 101,236

    [P105 Petaling Jaya Selatan : ]

    [P106] PJ Utara : 85,401

    [P107] Subang : 128, 543

    [P108] Shah Alam : 99,957

    [P109] Kapar : 144,159

    [P110] Klang : 97,073

    [P111] Kota Raja : 105,909

    [P112] Kuala Langat : 88,474

    [P113] Sepang : 84,36

    The ones marked in blue are seats won by BN.

    If you vote in some other state and want to make a comparison of your parliamentary constituency with the others in your state, you can go HERE to get those details.

    Wong Piang Yow of Tindak Malaysia informs me that if you take the total number of registered voters in Selangor and you were to equalise the number of voters in each of the 22 parliamentary constituencies, it should work out to about 93,000 per constituency.

    Let’s take that as the ideal starting point.

    Now as one of the 52% who voted to get rid of BN in the last GE and who still wants to see those robbers and thieves removed from Putrajaya, what should I look for in the imminent redelineation exercise?

    I will want to ensure that no boundaries are re-drawn with a view to give an advantage to BN.

    Assuming EC has no plans to redraw any boundaries in Selangor, then I don’t have to be vigilant.

    What if they are going to tinker with the boundaries in Selangor?

    What should I look out for?

    Let’s take Gombak, as an example.

    123,290 voters in the last GE.

    Look at neighbouring Wangsa Maju that had 67.775 voters in the last election.

    Setiawangsa had 62,309 voters.

    Both are not Selangor seats.

    The two BN seats, combined, exceed Gombak by about 7,000.

    Why are the number of voters in Gombak almost double the two neighbouring constituencies?

    This probably happened in the last delineation exercise in the early 2000s, when we all did not know of our rights.

    [Admin: This was a result of the amendment to the seat distribution among States and Federal Territories under Article 46 of the Federal Constitution and outside the purview of the EC, although it could be argued that the EC should have advised the Govt on the proper distribution across States and Federal Territories. So it is not correct to compare Setiawangsa and Wangsa Maju with Gombak.]

    I speculate, but I would not be surprised that when the last delineation was done, boundaries were drawn to ‘dump’ pockets of known opposition supporters in the 2 BN seats into Gombak.

    And this, amongst other things, is what we should be looking out for in this coming redelineation.

    As for me, if there is a move to redraw the boundaries of Tanjong Karang and Sungai Besar, it would occasion an opportunity to question why there is a great disparity in voter numbers in those 2 constituencies with that of PJ Selatan.

    How can I do that?

    Under the constitution, once EC has caused to be gazetted the notification of the redelineation exercise, voters have a right to raise an objection within 30 days.

    For a valid objection, there has to be 100 objectors per constituency.

    The problem is that for there to be a rational objection, founded on facts, those 100 objectors would need information of the overall intended redelineation in the state, and not just of their own constituency.

    The fear is that the EC will not make this readily available.

    I would be expected to run to all the constituencies in the state to view the maps of the proposed new boundaries, in time to make any rational, informed, objection within the 30-day period.

    This would make my right of objection somewhat illusory.

    I am of the view that as the EC is meant to serve the rights and interests of the rakyat, not UMNO and BN, I am entitled to all relevant information in good time to allow me to exercise my right of objection.

    My lawyers think so too.

    Hence my letter to the EC.


    A copy of the same, in pdf, is linked below.



    If I don’t hear from them in seven days, I will leave it to the team of lawyers to take it from there.
    Last edited by pywong; 12th December 2014 at 05:53 PM.
    py

  7. #7
    Join Date
    Oct 2008
    Posts
    13,391
    Phase 1 Step 2 of the 52% Strike Back : Dear Pakatan







    Posted on December 12, 2014





    Maria Chin Abdullah of Bersih 2.0 has come out and publicly said to Pakatan Rakyat : No seat increase.
    Tindak Malaysia has publicly said the same.

    You and I have written to our MPs to tell them to vote down any bill in parliament that seeks to increase the number of parliamentary seats from the present 222.

    That was step 1 of Phase 1.

    And, as I promised to you, I have, this week, sent a memorandum to the 3 Pakatan parties to say the same.

    That was step 2 of Phase 1.

    We don’t want them to assent to a seat increase.

    We have noted their public response to both Bersih 2.0 and Tindak Malaysia, that they will consider any of the proposals from the Election Commission and will only accept them if they will lead to a more equitable distribution. In this regard, I have asked that they engage Bersih 2.0, Tindak Malaysia and ABU before they make any decision to accept any of the proposals by the Election Commission.

    I also noted that rumours had abounded for some time now that that some opposition MPs were already in negotiations with BN and the EC to ‘share’ these additional seats. Such collaboration would, in our view, amount to a betrayal of the majority of voters who wish to see a regime change in Putrajaya, given that any parliamentary seat increase would be, as have been pointed out by Bersih 2.0 and Tindak Malaysia, favourable to Barisan Nasional.

    I have reminded them that their wins in GE13 were not entirely their own effort and would not have been possible without the backing of the rakyat and without civil society organisations campaigning on their behalf throughout the country.

    The memorandum, in pdf, is linked below.

    The ball is in the court of Pakatan Rakyat.

    ABU memo to PR

    py

  8. #8
    Join Date
    Oct 2008
    Posts
    13,391
    Suit by Haris Ibrahim against the Election Commission:

    DALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR
    SAMAN PEMULA NO. 24-3-01/2015

    Dalam perkara Aturan 5 Kaedah 4, Aturan 7, Aturan 15 Kaedah 16 dan Aturan 28 Kaedah-Kaedah Mahkamah 2012

    dan

    Dalam perkara Seksyen 41 Akta Spesifik 1950

    dan

    Dalam perkara Perkara 10, 113, 116, 117, Seksyen 2, 4 dan 5, Jadual 13 Perlembagaan Persekutuan

    dan

    Item 1, Jadual kepada Akta Kehakiman 1964

    Antara

    HARIS FATILLAH B. MOHD IBRAHIM
    (NO. K/P: 590404-08-5067) … PLAINTIF

    Dan

    SURUHANJAYA PILIHAN RAYA MALAYSIA … DEFENDAN



    AFIDAVIT JAWAPAN PLAINTIF
    Saya, Haris Fatillah B. Mohd Ibrahim (No. K/P: 590404-08-5067), seorang warganegara Malaysia yang cukup umur yang beralamat di No. 66, Lorong Setia Bistari 1, Bukit Damansara, 50490 Kuala Lumpur sesungguh berikrar dan menyatakan seperti berikut:-

    1. Saya adalah Plaintif yang dinamakan di atas.
    2. Segala fakta-fakta yang dinyatakan disini adalah dalam pengetahuan saya sendiri dan/atau dari maklumat yang saya mempunyai akses.

    3. Saya mengikrarkan afidavit ini sebagai balasan kepada Afidavit Jawapan Defendan yang diikrarkan oleh Tan Sri Dato’ Seri Abdul Aziz bin Mohd Yusof pada 16.02.2015 (“AJD”).

    4. Perenggan 5, 5(i), 5 (ii) dan 5 (iii) AJD adalah dinafikan. Saya dinasihati oleh peguamcara saya dan sesungguhnya percaya bahawa isu-isu yang terkandung di dalam perenggan-perenggan tersebut merupakan isu-isu undang-undang yang Mahkamah Yang Mulia ini pada akhir hari harus tentukan. Oleh itu, peguam saya akan menghujahkan atas isu-isu ini pada pendengaran penuh Saman Pemula didalam ini.

    5. Perenggan 6 AJD adalah dinafikan. Saya dinasihati oleh peguamcara saya dan sesungguhnya percaya bahawa Mahkamah Yang Mulia ini mempunyai bidang kuasa yang sepenuhnya untuk membenarkan deklarasi-deklarasi yang dipohon. Di samping itu, pihak Defendan telah gagal menyatakan bagaimana deklarasi yang telah dipohon menyalahi peruntukkan dibawah Perlembagaan Persekutuan. Selain daripada itu, pihak Defendan juga gagal menyatakan peruntukkan mana telah disalahi dalam membuat deklarasi yang telah dipohon oleh saya.

    6. Perenggan 8 AJD adalah dinafikan. Saya tidak pernah menyatakan bahawa saya sedang mempertikiakan proses persempadaan yang dilakukan di Negeri Sarawak, saya hanya telah menyatakan melalui afidavit sokongan saya bahawa pihak Defendan telah mengeluarkan notis berkenaan persempadanan di negeri Sarawak tanpa sebarang peluang diberikan kepada individu-individu untuk membuat representasi akan mendapat maklumat relevan untuk tujuan yang sama. Oleh itu, ianya adalah amat penting untuk maklumat-maklumat seperti yang dipohon di dalam Saman Pemula didalam ini dibenarkan untuk mengelakkan situasi seperti di Negeri Sarawak untuk berulang. Oleh itu, penyataan pihak Defendan melalui perenggan 8 padalah mengelirukan dan bertujuan untuk mempengaruhi Mahkamah Yang Mulia ini daripada menangani isu yang harus diputuskan melalui Saman Pemula yang telah difailkan didalam ini.

    7. Perenggan 9 AJD adalah dinafikan. Di dalam ini:

    7.1. Saya dinasihati oleh peguamcara saya dan sesungguhnya percaya bahawa penyataan pihak Defendan di dalam perenggan tersebut adalah suatu penyataan semata-mata tanpa sebarang asas. Sebagai seorang Plaintif di dalam Saman Pemula ini, saya berhak untuk bergantung kepada sebarang bahan (material) untuk menyokong deklarasi yang telah saya pohon.

    7.2. Selain daripada itu, pihak Defendan telah gagal menghuraikan sebab-sebab yang munasabah kenapa Laporan Tribunal Rakyat tentang PRU 13 tidak boleh dipertimbangkan oleh Mahkamah Yang Mulia ini.

    7.3. Saya ingin menegaskan bahawa Laporan Tribunal Rakyat tentang PRU 13 merupakan pandangan tribunal tersebut berkenaan keberkesanan proses pilihan raya apa PRU 13. Tiada isu tentang kelayakan seorang Ahli Dewan Rakyat ataupun Dewan Undangan Negeri dipertikaikan melalui laporan tersebut. Oleh itu, Perkara 118 Perlembagaan Persekutuan tiada kiatan langsung tentang Laporan Tribunal Rakyat tentang PRU 13.

    8. Perenggan 11 AJD adalah dinafikan. Pihak Defendan telah gagal menunjukkan bagaimana Saman Pemula didalam ini merupakan satu penyalahgunaan proses Mahkamah. Saya ingin menegaskan di sini bahawa bahawa permohonan ini dibuat dalam kepentingan awam atas perkara yang mempunyai kepentingan perlembagaan yang tinggi.

    9. Berlandaskan perkara-perkara yang disenaraikan di atas, saya pohon agar perintah seperti yang dipohon di dalam Saman Pemula yang difailkan di dalam ini dibenarkan.

    Diikrarkan oleh Haris Fatillah B. Mohd Ibrahim)
    No. K/P: 590404-08-5067 )
    Pada: )
    Di )

    Dihadapan saya,



    Pesuruhjaya Sumpah


    AFIDAVIT JAWAPAN PLAINTIF ini di failkan oleh Tetuan Sreekant Pillai, peguamcara bagi pihak Plaintif yang dinamakan di atas, yang mempunyai alamat penyampaian di NW 02-06, Cova Square, Jalan Teknologi, PJU 5, Kota Damansara, 47800 Petaling Jaya.

    No. Tel: 03-62099728, 03-61422468 No. Faks: 03-62099729

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

    In the matter of Haris Ibrahim vs. The Election Commission -Haris Ibrahim


    Details Created On Friday, 23 January 2015 08:38 Published Date Written By Haris Ibrahim Category: Columnist





    On 8th December, 2014, I personally delivered a letter to the office of the Election Commission in Putrajaya.

    In the letter, I had requested for information in relation to its proposed redelineation.

    What information?
    I vote in PJ Selatan and Bukit Gasing, in the state of Selangor.
    I want information on the overall intended redelineation in Selangor, and not just on PJ Selatan and Bukit Gasing.

    Why?

    Well, the report of the People’s Tribunal on the 13th General Election sheds light on why and how, notwithstanding the fact that BN could not muster the majority of the votes cast, it continues to hold power in Putrajaya.

    Gerrymandering and wholesale malapportionment in the constituencies.

    Clearly, past EC chairpersons tinkered with our constituencies right under our very noses to favour BN.

    So I want this information now to try and avert a repeat of the EC messing around with our right to choose the government we want.

    I want to ensure that no boundaries are redrawn with a view to giving BN an advantage.

    How can I do that?

    Under the Federal Constitution, once the EC has caused the notification of the redelineation exercise to be gazetted, I have, and so has every other voter, the right to raise an objection to the proposed redelineation within 30 days.

    For a valid objection, there has to be 100 objectors per constituency.

    The problem is that, for there to be a rational objection founded on facts, those 100 objectors would need information on the overall intended redelineation in the state, not just information on their own constituency.

    Yes, the problem would be getting information on the proposed redelineation, and within sufficient time, so as to be able to mount a valid objection within the 30-day period.

    The fear is that the EC will not make this readily available.

    I would be expected to run to all the constituencies in the state to view the maps of the proposed new boundaries, in time to make any rational, informed objection within the 30-day period.

    This would make my right of objection somewhat illusory.

    This would serve the ends of BN.

    I am of the view that as the EC is meant to serve the rights and interests of the rakyat, not Umno and BN, I am entitled to all relevant information in good time to allow me to exercise my right of objection.

    And so I sent that letter to the EC on 8th December last year.

    In that letter, I gave the EC seven days to respond, failing which I would leave the matter in the hands of my solicitors.

    Seven days came and went.

    As expected, I heard nothing from the EC.

    Over the last 1½ months since, there have been numerous meetings between the solicitors and activists involved in electoral reform work and myself.

    On 19th January, solicitors acting on my behalf filed proceedings in the Kuala Lumpur High Court seeking declarations as to my rights to the information sought in relation to the EC’s impending redelineation exercise.

    The matter is now fixed for case management on 27th January, 2015.
    Last edited by pywong; 28th March 2015 at 10:43 PM.
    py

  9. #9
    Join Date
    Oct 2008
    Posts
    13,391
    Response by EC to Haris' suit, 23rd Feb 2015. See attachment.

    Case Management, 26th Mar 2015.

    You are here:HomeNews6 May: D-day for Haris Ibrahim and EC


    6 May: D-day for Haris Ibrahim and EC

    Details Created On Thursday, 26 March 2015 16:44 Published Date Written By Zharif Badrul & Kenny Loh Category: News




    On May 6, Haris Ibrahim will find out if he is able to obtain information on redelineation from the Election Commission (EC).


    Justice Datuk Asmabi Mohamad fixed the date in the Kuala Lumpur High Court after hearing arguments from both sides.


    Haris Ibrahim was represented by Malik Imtiaz Sarwar and Sreekant Pillai, and the EC was represented by Suzana Atan, Shamsulbol Hassan, and Azizan Mohd Arshad.


    This is the first time that a redelineation case has been brought to court.


    Malik Imtiaz began by noting that Malaysian voters are eligible to receive information pertaining to elections, which includes information on the upcoming redelineation exercise to be carried out by the EC.


    This information includes maps and documents related not only to voters’ own constituencies but also to surrounding constituencies that impact their own.


    These should be rendered into digital format by the EC to ensure easy access, argued Malik Imtiaz.


    This information would enable voters to be equipped with sufficient information before they decide on whether or not to object to the redelineation of their constituencies.


    Without this information, he said, it would be impossible for any voter to make an informed decision before raising an objection.


    Malik Imtiaz added that the right to obtain this information is guaranteed by Article 10 of the Federal Constitution, as determined by the Federal Court in a case involving Subang MP R Sivarasa.


    The Malaysian people, he said, should not have to be activists to obtain this information.


    Malik Imtiaz also noted that Article 10 should be read alongside Article 113(2) and the 13th Schedule of the Federal Constitution.


    However, EC counsel Suzana Atan argued that neither Haris nor any voter had the right to obtain the said information, because that right is not guaranteed by the Federal Constitution.


    She added that the EC is merely carrying out its constitutional duty, and would be overstepping its boundaries if it were to divulge the said information to the people.


    This would mean that voters only have the right to make objections, but not the right to obtain the information necessary to make informed objections.
    Attached Files Attached Files
    py

  10. #10
    Join Date
    Oct 2008
    Posts
    13,391
    11:42AM Jun 11, 2015
    By Hafiz Yatim
    Haris Ibrahim's bid to compel EC fails

    1

    Former Bersih 2.0 steering committee member Haris Ibrahim has failed in his bid to compel the Election Commission to furnish details of the re-delineation exercise for all constituencies in its website.

    The High Court in Kuala Lumpur today decided that Haris's application, filed in January, was premature.

    More:
    py

Visitors found this page by searching for:

delimitation of constituencies

pesuruhan jaya sumpah kuala lumpur

pesuruhjaya sumpah wangsa maju kuala lumpur federal territory of kuala lumpur malaysia

SEO Blog

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •