PUTRAJAYA – The Court of Appeal today dismissed an application by a Pandan voter for an injunction order to stop the Election Commission (EC) from holding the 15th general election (GE15) pending the outcome of his appeal.
A three-member panel, comprising justices Datuk Vazeer Alam Mydin Meera, Datuk M. Gunalan, and Datuk Seri Mariana Yahya, in dismissing the application by Syed Iskandar Syed Jaafar, ruled that the applicant failed to establish the requirements under Section 44 of the Courts of Judicature Act 1964 for the court to grant the injunction.
He said the issue of Syed Iskandar’s appeal being rendered nugatory without the injunction order did not arise as the appeal hearing before the Court of Appeal had been set on November 14, which is five days before polling day as set by the EC.
The panel also dismissed Syed Iskandar’s application for a stay order against a high court decision, delivered October 28, dismissing his application for leave to commence a judicial review against the ECs’s decision in holding GE15 pending the outcome of his appeal.
“There was no order or judgment entered against the applicant (Syed Iskandar) in directing the applicant nor the respondents (Prime Minister Datuk Seri Ismail Sabri Yaakob, the EC chairman, and the government) from carrying out any acts,” said Vazeer Alam, adding that there was no purpose for the court to grant a stay.
In delivering the court’s decision, Vazeer Alam said Syed Iskandar’s challenge was to nullify the entire process leading to the holding of the general election and to reinstate the 14th Parliament.
“The applicant sought to challenge the request by the prime minister to the Yang di-Pertuan Agong on the grounds that it was tainted and improper in law.
“By that challenge, the applicant sought to quash the decision of the Yang di-Pertuan Agong to dissolve Parliament and to stop the general election from being held,” he said.
In the notice of motion, Syed Iskandar sought an injunction to restrain the EC chairman or his employees, representatives, and agents from holding GE15 and to maintain the status quo of Parliament.
On October 28, the Kuala Lumpur High Court dismissed Syed iskandar’s application for leave to commence a judicial review proceeding on the EC’s decision in calling for GE15, after ruling that the dissolution of Parliament was non-justiciable.
High court judge Datuk Ahmad Kamal Md Shahid said Syed Iskandar’s challenge was a matter within the executive or legislature’s exclusive sphere and should not be entertained by the judiciary.
Syed Iskandar filed the application for leave to commence a judicial review on October 14, naming the EC chairman, Ismail Sabri, and the government as respondents.
He sought for several court orders, including a declaration that Ismail Sabri’s request to the Yang di-Pertuan Agong on October 9 for Parliament’s dissolution was null and void.
His appeal and another by incumbent Klang MP Charles Santiago were scheduled to be heard by the Court of Appeal on November 14.
Santiago’s suit to stop the EC from conducting GE15 was dismissed by the same high court judge on the same day.
In today’s proceeding, conducted online, Syed Iskandar was represented by lawyers Datuk Seri Gopal Sri Ram, R. Kenghadaran, Yasmeen Soh Sha-Nisse and Athanasia Yolanda, while senior federal counsel Shamsul Bolhassan, Ahmad Hanir Hambaly@Arwi and federal counsel M. Kogilambigai appeared for the respondents. – Bernama, November 4, 2022
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