CASE OF THE WEEK

YAZID SUFAAT & ORS v. SURUHANJAYA PILIHANRAYA MALAYSIA
COURT OF APPEAL, PUTRAJAYA
ZULKEFLI MAKINUDIN JCA, LOW HOP BING JCA, ZAINUN ALI JCA

ADMINISTRATIVE LAW: Subsidiary legislation - Election Commission - Election Commission’s powers to make rules pertaining to elections - Whether powers unlimited - Election Commission may make rules which are necessary for its functions - Rules made by Election Commission to have effect subject to federal law

CONSTITUTIONAL LAW: Fundamental liberties - Right to vote - Applicants detainees under ISA in Kamunting - Unable to cast votes on day of election - Whether a denial of their rights - Whether Election Commission violated applicants’ constitutional rights under art. 119 Federal Constitution - Whether applicants’ right to vote must be at particular constituency where they are registered as electors - Whether there was a duty on the Election Commission to facilitate casting of votes by bringing applicants to respective constituencies - Whether applicants qualified to be postal voters under reg. 3(1) of the Election (Postal Voting) Regulations 2003 - Whether the Election Commission had violated the applicants’ rights under art. 8 and 10 of the Federal Constitution