Continued Lawsuit Against the EC and the Malaysian Government

The Coalition for Clean and Fair Elections (BERSIH) express gratitude to the Kuala Lumpur High Court Judge YA Noorin binti Badarudin decision for granting leave to the judicial review application against the decision of the Election Commission of Malaysia (EC) and the Government of Malaysia for barring a voter to vote during the Johor State Election recently. BERSIH is of the view that this is an important issue to be taken by the court to the next stage, that is the hearing of the judicial review in order to litigate on the role of the EC that they are the institution that is fully responsible for conducting elections in Malaysia.

The lawyer, New Sin Yew from AmerBon, stated that the issue is an important constitutional issue to be tried and is pleased that the court will hear the merits of the case. In his submission, he argued that Article 119 (1) of the Federal Constitution clearly states that a person may vote unless ineligible for the reasons stated in Article 119 (3) and related laws such as the Elections Regulations (Conduct of Elections) 1981.

The leave stage of the judicial review application was heard this morning at the Kuala Lumpur High Court and was attended by lawyers from AmerBon and lawyers from the Attorney General’s Chambers. The plaintiff of the suit is a voter in Johor who was prevented from participating in the Johor state election last March by EC election workers because he was still under home quarantine for COVID-19. This despite the fact that his self-test showed he was negative for COVID-19.

The court fixed next date on 6 July 2022 for mention.

Released by:
BERSIH Steering Committee