COA to decide tomorrow on GE15 legal challenge by Charles, Pandan voter

The Court of Appeal is set to give its verdict involving two appeals on the legal challenge filed by incumbent Klang MP Charles Santiago and a Pandan voter to stop the Election Commission from conducting the 15th general election, tomorrow.

Judge Azizah Nawawi, who chaired a three-member panel, said they need more time to consider their decision in the appeals.

Azizah who sat with judges Che Mohd Ruzima Ghazali and See Mee Chun heard the appeals by Charles (above) and Syed Iskandar Syed Jaafar separately today in an online proceeding.

Charles wants the court to reinstate his originating summons which he filed against caretaker prime minister Ismail Sabri, the government of Malaysia and the Election Commission, seeking several court orders including a declaration that Ismail Sabri's request to the Yang di-Pertuan Agong for the dissolution of Parliament was null and void as it was not made on the cabinet's advice.

Syed Iskandar, meanwhile, wants the court to give him leave (permission) to commence a judicial review application to challenge the dissolution of Parliament and the decision to hold the general election.

Charles’ suit was struck out by the High Court on Oct 28, after it allowed the government's application to do so. The same High Court, on the same day, also rejected Syed Iskandar's application to get leave to commence a judicial review.

In today's proceedings, Charles’ lawyer Malik Imtiaz Sarwar told the Court of Appeal that Ismail Sabri's request on Oct 9, this year, to the Agong to dissolve Parliament was not validly made.

He said this was because there was no advice from the cabinet, adding that the prime minister does not have the power to independently advise the Agong to dissolve Parliament.

"The advice of cabinet is a constitutional prerequisite to the exercise of power to dissolve Parliament under Article 55 (2) of the Federal Constitution. With the absence of such advice, the Agong has no power to dissolve," he said.

Dissolution of Parliament

Lawyer Zulkefli Ahmad Makinudin representing Ismail Sabri, the government and the Election Commission, said a prime minister is entitled on his own accord to advise the Agong to dissolve Parliament under any circumstances.

Another lawyer, Mohd Hafarizam Harun, representing Ismail Sabri, the government and the Election Commission argued that the matter before the court is academic as the Agong has already decided to dissolve Parliament and his decision was non-justiciable.

Meanwhile, in Syed Iskandar's appeal, his counsel Gopal Sri Ram told the court that his client is challenging the executive's action in approaching the Agong to make the request for the dissolution of Parliament.

He said the exercise of power by the prime minister to approach and make a request to the Agong is a constitutional approach and is not immune from judicial review.

Senior federal counsel Shamsul Bolhassan representing the Election Commission chairperson, Ismail Sabri and the government contended that Syed Iskandar did not have the locus standi (legal standing) to file leave to commence judicial review as he did not state how he was affected by the election.

He said Syed Iskandar is trying to reverse the decision to dissolve Parliament as well as to stop the GE15 from proceeding, adding that the High Court was right to reject his (Syed Iskandar's) application for leave and to accept the Attorney-General's objection to the leave application.

- Bernama

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