Incumbent Klang MP goes to court to stop GE15

Incumbent Klang MP Charles Santiago is seeking a court order to stop the 15th general election (GE15) from taking place this year.

In an originating summons filed at the Kuala Lumpur High Court yesterday, the DAP lawmaker named caretaker prime minister Ismail Sabri Yaakob, the government, and the Election Commission (EC) as respondents.

In the filing, Charles is seeking a declaration that Ismail Sabri's request to the Yang di-Pertuan Agong to dissolve Parliament was in contravention of Articles 40(1) and (1A) of the Federal Constitution.

According to Charles, the request (to dissolve Parliament) was not made on the advice of the cabinet, and is, therefore, null and void.

He also sought a declaration that the dissolution of Parliament was not in accordance with Article 55(2) and Article 40(1) and (1A) of the Federal Constitution, and an order to stop the EC from taking any steps to conduct the election.

In addition, Charles is also seeking costs and other orders deemed fit by the court.

In the affidavit, he cited the rainy season and the ensuing flood risk as a reason to stop the election.

"My constituency of Klang, which has 210,662 voters, was among the worst hit in the floods last December, which saw at least 54 killed, and displaced at least 71,000 people in Peninsular Malaysia," he said.

Charles further noted the Meteorological Department’s warning on the flooding risks during the monsoon season in November and December.

Only Umno wants GE

In the affidavit, Charles stressed that many political parties, except Umno, were against holding the election this year, due to the flood risk.

"In fact, 12 ministers from PAS and Perikatan Nasional had written to the Agong, expressing their disagreement with the election being held this year.

"The only party that wants the election to be held the soonest possible is Umno," he said.

With Umno MPs numbering only 37 out of the 222-strong Dewan Rakyat, the support for the Parliament dissolution only accounts for about 17 percent of the MPs, he added.

As such, Charles questioned the validity of Ismail Sabri's request to dissolve Parliament.

"The request could have been made later, since the 14th Parliament's term ends only on July 16, 2023.

"However, for reasons unknown, the first defendant (Ismail Sabri) asked (for Parliament dissolution) so close to the flood season, which could affect the right of voters to cast their ballots," the DAP leader said.

In a statement later, Charles said he had to resort to legal action since his repeated letters to the EC for flood mitigation plans have gone unheeded.

"Given the above reasons, I firmly believe that Ismail Sabri's advice to the Agong is void. As a consequence, I also believe that the dissolution of Parliament is of no legal effect.

"(By filing the originating summons) I want to categorically state that I am not challenging the powers of the Yang di-Pertuan Agong but only the advice given to him by Ismail."

Lawyer Surendra Ananth represented Charles in the case, and the hearing has been fixed before judge Ahmad Kamal on Oct 29 at the Kuala Lumpur High Court.

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