Malaysia

[UPDATED] GE15: high court bins Santiago’s bid to stop election

Judge says application is ‘scandalous, frivolous, abuse of court process’

Updated 3 years ago · Published on 28 Oct 2022 5:11PM

[UPDATED] GE15: high court bins Santiago’s bid to stop election
The Kuala Lumpur High Court has ruled to strike out Charles Santiago’s bid to stop the 15th general election, citing that there is no reasonable cause of action to stop the elections as is not a justiciable matter. – The Vibes file pic, October 28, 2022

by Danial Dzulkifly

KUALA LUMPUR – The high court today has binned incumbent Klang MP Charles Santiago’s application to stop the 15th general election.

In reading his judgement today, high court judge Datuk Ahmad Kamal Md Shahid said Santiago has no reasonable cause of action to stop the elections as is not a “justiciable” matter as the power to dissolve the Parliament is the sole prerogative of the Yang di-Pertuan Agong (YDPA) who acts on the prime minister’s advice.

“I am of the view that the plaintiff at this juncture has no reasonable course of action against the defendants, on the grounds that the request, the proclamation, as well as the dissolution of Parliament is not a justiciable subject matter.

“The defendant admitted that the relative power will dissolve the parliament is vested solely in the YDPA.

Kamal also it was also the prerogative of the prime minister to dissolve parliament without having the need to consult with his cabinet member, in accordance with the federal constitution.

Kamal also stated that Santiago’s application is “scandalous, frivolous and abuse of the court process” and should be struck out.

Kamal also ordered Santiago to pay RM20,000 in total to all three defendants – caretaker prime minister Datuk Seri Ismail Sabri Yaakob, the Malaysian government and the Election Commission. 

In the summons filed at the Kuala Lumpur High Court on October 11, Santiago had sought a declaration that the declaration of dissolution contravened Article 40(1) of the federal constitution as the request of the prime minister to dissolve Parliament was not made in consultation with the cabinet.

He also sought that the declaration of the dissolution by the YDPA can only be done under Article 40 (1). 

Santiago was the MP for Klang since 2008 but will not be fielded there by the party in the election scheduled for November 19.

In a brief statement to the press, Santiago said he has instructed his lawyers to appeal against the court’s decision.

“With the utmost respect to the learned judge, and after having perused the grounds of judgment, I think that this decision places too much power on the prime minister.

“I also feel that citizens should not be imposed with costs for bringing matters of public interest to the courts. I was surprised that the Defendants actually asked for a cost of RM200,000 against me.

“We will ventilate these points in the appeal,’’ said Santiago. – The Vibes, October 28, 2022

Related News

Malaysia / 1mth

Calls grow for ‘premium wage’ model as talent flight concerns mount

Malaysia / 1mth

Court allows Najib to obtain documents ahead of 1MDB's US$8 billion suit hearing

Malaysia / 2mth

Siti Kasim expresses gratitude after winning defamation suit, says it had no merit

Malaysia / 4mth

Anwar successfully strikes out Waytha Moorthy's suit

Malaysia / 4mth

Lawsuit against former PKR members: Clear message to those who betrayed party - Fahmi

Malaysia / 4mth

Naimah, four others file lawsuit against PM, IGP, government

Spotlight

Malaysia

PRNNS: Loke: 'We must win all 11 seats to help PH form state government'

Sports & Fitness

Spain ends Argentina’s World Cup reign with extra-time triumph to reclaim global crown

World

Cat found alive after being buried under Venezuela quake rubble for days (video)

Malaysia

“Resign if you attack fellow Unity Government partners,” Anwar enforces discipline

Malaysia

PH youth wing calls on BN ministers to quit cabinet over PN electoral alliance

Malaysia

Rosmah asks for prayers as Najib prepares for medical procedure

Malaysia

Woman at a loss after fake Hong Kong lawyer offers to recover money from previous scam

You may be interested

Malaysia

SKDS diesel subsidy rollout in Sabah and Sarawak gains momentum

Malaysia

AGC orders inquest into deaths of three men in Durian Tunggal police shooting

Malaysia

eFishery loss will not jeopardise KWAP’s finances or pension payments - Tengku Zafrul

Malaysia

BN-PH ties strained by grassroots reality, not Putrajaya pact, says analyst

By Alfian Z.M. Tahir

Malaysia

Who is Sarah? What we know about the Malaysian lawyer at the centre of the Karim Khan case

Malaysia

Woman found naked in hotel room with man as JAINS launch khalwat probe

Malaysia

Over 3 billion suspicious SMS, 2.5 billion fraudulent calls blocked by MCMC

Malaysia

Fahmi accuses KJ of playing race, religion card to rebuild political relevance