Malaysia

Adly fails bid to challenge dissolution of Melaka assembly

High court says state governor’s decision-making process as head of state ‘non-justiciable’

Updated 5 years ago · Published on 10 Nov 2021 11:12AM

Adly fails bid to challenge dissolution of Melaka assembly

KUALA LUMPUR – Bukit Katil incumbent and Melaka Pakatan Harapan chief Adly Zahari has failed to challenge the dissolution of the state assembly after the high court here dismissed his application.

In her ruling, judge Datuk Noorin Badaruddin said Melaka Governor Tun Mohd Ali Mohd Rustam’s decision-making process as head of state “is non-justiciable”, or cannot be challenged in court.

With this, the state election will take place as scheduled. The Election Commission has set November 20 as polling day, with early voting on November 16.

After the dissolution was gazetted on October 5, Adly moved to file a leave application for a judicial review, saying the dissolution was done based on wrong advice and that the governor should follow the federal precedent, in which the Agong first consults the majority bloc before coming to a decision.

Adly had said he was of the view that the governor should not have dissolved the state assembly before seeking opinions from the majority of the assemblymen no longer supporting the Umno state government.

“The state PH leadership thinks it is not proper for the chief minister, who no longer has majority support, to advise the governor to dissolve Melaka’s 14th assembly.

“The governor also should not hurry to dissolve the state assembly before meeting the majority of the reps no longer with the government.”

In a press conference on October 5, then state speaker Datuk Seri Ab Rauf Yusoh said Melaka would face a snap election in 60 days after after Ali dissolved the state assembly.

He said this follows a letter sent by outgoing Chief Minister Datuk Seri Sulaiman Md Ali to the governor informing that four assemblymen withdrew their support for the state leadership.

The four former assemblymen were Datuk Seri Idris Haron, Datuk Nor Azman Hassan, Datuk Norhizam Hassan Baktee, and Datuk Noor Effandi Ahmad. 

Adly then said Rauf’s announcement that the current state government would be a caretaker until the next election was confusing.

“We think it’s inappropriate for someone (Sulaiman) who has lost support to be allowed to be the caretaker government’s chief.

“With what happened on March 2, 2020 as the precedent case, when I lost majority support as the chief minister, the administrative duties of the state government were entrusted to the state secretary until the new chief minister was appointed,” he said.

The EC announced that November 20 has been set as polling day for the Melaka election. Nomination day is on November 8 and early polling on November 16. – The Vibes, November 10, 2021

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