The Kelantan state government today failed to strike out an originating summons brought by three traders over a ban on Big Sweep lottery tickets.

High Court Judge Abang Iskandar Abang Hashim dismissed the state government and Kota Baru municipal council's application with RM4,000 costs. The decision was made in chambers.

On June 6, last year, traders Wong Meng Yit, 48, Lee Khim Haw @ Lee Khim Hwa, 59, and Gan Han Chuan, 45, filed the summons naming the two as defendants.

The state government filed the application to strike out the summons on the grounds that the plaintiffs should have filed the suit by way of judicial review under Order 53 of the Rules of High Court 1980 and not through an originating summons.

Asked by reporters, counsel Sulaiman Abdullah representing the defendants, said the judge had dismissed the application as there was no decision made by the state government over the ban, which the traders could challenge by way of judicial review under Order 53.

Sulaiman said the court set April 26 for case management of the originating summons for parties to file documents relating to the summons.

Counsel Ti Lian Ker, who represented the three traders, told reporters that the judge also made the findings that there was no merit in the defendant’s application.

In the summons, the three traders are seeking a declaration that the Kelantan government could not enact, issue or pass any law or policy to ban or prohibit betting activities or lotteries, which included sweepstakes.

The trio are also seeking a declaration that any matter which involved betting and lotteries fell within the exclusive jurisdiction of the Parliament, which excluded the Kelantan state legislative assembly.

In February last year, the Kelantan government banned the sale of Big Sweep lottery tickets despite objections that the move was inconsistent and tactless towards non-Muslims.

- Bernama