The government wants the Kuala Lumpur High Court to strike out a Universiti Islam Antarabangsa (UIA) student's application challenging new election rules issued by the university's election commission which the latter claims are unfair.

Senior Federal Council Suzana Atan, acting on behalf of the Attorney-General, today informed the court of the intention to object to Mohaziri Shamsuddin's application for a judicial review against the notice issued by the university on Sept 8.

"The AG's Chambers is objecting to the application on the basis that the decision made by the university is 'non-justiciable' (cannot be reviewed)," she told the court, adding that full arguments would be submitted at the hearing of the application.

The AG will not be the only party seeking to have the unprecedented case dismissed as the court has also allowed the university's application to participate in the ex-parte application.

Judicial Commissioner Wan Afrah Wan Ibrahim ordered Mohaziri's counsel Mohamed Hanipa Maidin to serve the relevant documents to the university's counsel, S Nantha Balan.

When Mohamed Hanipa objected stating that there was no provision for him to do so, Wan Afrah said: "There are precedents ... a lot of people don't understand. Although it is an ex-parte application, the court can invite any party to come and give assistance. In this case, the university expressed its intention (to participate) and I have allowed them."

The court then set Jan 6 for hearing.

Unconstitutional requirements

Mohaziri, a final-year student in Kulliyah of Human Sciences and Revealed Knowledge, is seeking leave to challenge the university decision which among others, required candidates contesting for the university's Students Representative Council to possess a cumulative grade point average (CGPA) of 2.8 and above.

He contends that the new requirements - which also include the passing of a public speaking test and interview sessions - were unlawful and violated the right to equality under the Federal Constitution.

He also claimed that the university's election commission - headed by its deputy vice-chancellor - was not the legal body to conduct the election and that it should be organised by the Student Affairs Board.

Earlier, Hanipa told the court that Mohaziri will not pursue his application for an injunction to stop the university's student elections which were scheduled to be held today.

"We are withdrawing the application because the matter has become academic considering that the candidates nominated last Monday won the contested seats unopposed," he said.

Excellent results

On Monday, 'pro-establishment' students backed by campus authorities won almost all seats unopposed in the representative council elections at most universities - including the UIA- after nominations closed amidst boycotts by their rivals.

The boycotts were initiated following allegations of electoral irregularities where campus authorities were said to have favoured the pro-government camps.

Meanwhile, outside the court today, a UIA student who declined to be named clarified that Mohaziri's decision to file the legal action was not because he was an academically weak student.

Showing a transcript of Mohaziri's latest examination results to the media, the student said: "His CGPA is 3.3. That is considered good, if not excellent."

"If anyone contends that he is fighting because he does not qualify for the new condition of a CGPA of 2.8, that is wrong. We are fighting this because we believe that the conditions are unjust and wrong."