Anwar applies to strike out suit challenging his election, premiership

Prime Minister Anwar Ibrahim has applied to strike out a suit filed by Malaysian Advancement Party president P Waythamoorthy challenging the legality of his election and premiership.

Anwar described the suit as a form of harassment and an attempt to gain political mileage.

The suit claimed that Anwar’s disqualification as an MP was never revoked by the Yang di-Pertuan Agong when he was granted a royal pardon in 2018, as required under Article 48(3) of the Federal Constitution.

In court documents sighted by Malaysiakini, Anwar argued that the suit had contravened several mandatory constitutional and statutory procedures prescribed for challenging an election.

This, the prime minister said, included Article 118 of the Federal Constitution, which prohibits an election from being questioned except by way of an election petition.

“The suit was commenced for improper and collateral purposes, including to obtain political mileage, preserve political relevance and to harass the defendant (Anwar).

“The plaintiff (Waythamoorthy) lacks the requisite locus standi to bring an action to challenge or question the result of an election, as required under Section 34 of the Election Offences Act 1954.

“The suit ought to be struck out forthwith as being obviously unsustainable, disclosing no reasonable cause of action, frivolous, vexatious and an abuse of the court process,” said the documents filed by Messrs Daniel & Wong on Oct 6.

Apart from Article 118 of the Constitution and Section 34 of the Election Offences Act, Anwar also claimed that Waythamoorthy’s suit contravenes Sections 33 and 38 of the Act.

Section 33 requires challenges against election results to be brought before an election judge, and Section 38 provides a mandatory timeframe to file an election petition.

Originating summons

Waythamoorthy had filed the suit on Aug 14 in seeking to nullify and void Anwar’s victory in the Tambun parliamentary seat during the 15th general election on Nov 19, 2022 and his subsequent appointment as prime minister on Nov 24 the same year.

He sought several court declarations in his suit, including that Anwar’s disqualification as an MP was never revoked.

According to him, Article 48(3) requires an express revocation by the Agong, and without such revocation, Anwar remained disqualified until May 15, 2023, including at the time he contested the Tambun seat in GE15.

He further alleged that Anwar “falsely represented himself” as being qualified to hold the office of prime minister when appearing before the Agong after GE15 and claimed that although Anwar received a full royal pardon on May 16, 2018, the instrument of pardon did not revoke the disqualification under Article 48(1)(e) of the Constitution.

Following this, the Attorney-General’s Chambers (AGC), in response, said the royal pardon granted by the Agong stated that Anwar had been fully pardoned and regarded as a person who had never committed any offence.

It also said that any challenge to the election of an MP should be through an election petition, as provided for under Article 118 of the Constitution, and must be filed within the time frame set out under Section 38 of the Election Offences Act.

Waythamoorthy then told the AGC that the Agong’s pardon is not an exoneration of guilt, and claimed that the AGC’s response to his suit is an attempt to distort a legal fact and a clear violation of public trust and a dangerous disregard for the Constitution.

The former minister in the Prime Minister’s Department (National Unity and Social Well-being) said that his suit against Anwar does not challenge the pardon but constitutional reality and subsequent consequences.

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