GE15 lawsuit academic since polls fixed for Nov 19, court hears

The government’s legal team described Klang MP Charles Santiago’s legal challenge against 15th general election (GE15) being held this year as academic due to the Election Commission (EC) having set polling day on Nov 19.

Counsel Zulkefli Ahmad Makinudin told the Kuala Lumpur High Court that the EC today has already fixed nomination day and polling day on Nov 5 and 19 respectively.

“The EC has already announced, they already carried out their function (under the Federal Constitution). Nov 5 is nomination day and Nov 19 is the (general) election.

“Therefore, we humbly submit that the originating summons has become academic,” the lawyer said during the hearing of the government’s application to strike out the legal action by the DAP lawmaker.

The hearing was before judge Ahmad Kamal Md Shahid, and Charles’ lawyer Malik Imtiaz Sarwar is set to present oral submissions this afternoon.

Earlier today, EC announced that GE15 has been set on Nov 19, with nomination day on Nov 5.

The commission has set a campaigning period of 14 days, with early voting taking place on Nov 15.

Later this afternoon, Malik presented counter-submissions that the legal action is not academic as the EC today merely announced the polling dates, and not yet conduct the elections.

“At this juncture, there have not yet been elections and only that EC today announced dates, and we have Nov 5 for nomination, early voting on Nov 15 and general voting on Nov 19.

“We say it is not academic because of that,” Malik said.

The lawyer pointed out that the plaintiff’s challenge is that Ismail Sabri’s advice to the Agong to dissolve Parliament was done while bypassing agreement from the cabinet.

At the end of proceedings this afternoon, Ahmad Kamal set Oct 28 to deliver his decision on the matter.

On Oct 11, Charles filed for a court order to stop GE15 from taking place this year.

The legal challenge named caretaker prime minister Ismail Sabri Yaakob, the government, and EC as defendants.

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 monsoon season and the ensuing flood risk as reasons to stop the election.

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

On Oct 14, the three defendants filed their application to nullify the civil action on grounds that the Agong had judiciously exercised the power to dissolve Parliament as his majesty had taken into account that polls should be held before the monsoon season.

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