[UPDATED] Incumbent Klang MP goes to court to defer elections

KLANG – Incumbent Klang MP Charles Santiago has filed an injunction to stop the elections, citing the rainy season and floods.

The summons were filed at the Kuala Lumpur High Court yesterday, where caretaker prime minister Datuk Seri Ismail Sabri Yaakob, the Malaysian government, and the Election Commission (EC) were named respondents. 

Santiago is seeking a declaration that the declaration of dissolution contravened S.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 seeks that the declaration of the dissolution by the Yang Di-Pertuan Agong can only be done under S.40 (1) 

"We are not in dispute that the king has the authority to declare the dissolution of Parliament but we believe that the advice given to his majesty is flawed. 

"Furthermore the letter by the 12 Perikatan Nasional (PN) ministers opposing the dissolution is indicative that the advice given to the king was not in consultation with the cabinet, but made of the prime minister’s own volition,” Santiago told The Vibes. 

Caretaker youth and sports minister Datuk Seri Ahmad Faizal Azumu had also said the cabinet was not consulted prior to dissolution. 

As such, Santiago also seeks to restrain the EC from conducting elections during the rainy season.

“It is an irresponsible decision by the prime minister and Umno to hold the elections during severe weather conditions,” Santiago said.

He said with 210,662 voters in Klang it is his responsibility to ensure they are not put in danger.

“Klang is facing heavy downpours and increased sea levels. Having elections now is not only unfeasible, but it also is just not safe.” 

view of the Dewan Rakyat members.

Last week, 12 PN Cabinet members sent a letter to the Agong voicing their disagreement for elections to be called within the year.

This has led to Ismail Sabri pinning the blame on PN for creating instability within the government, leading him with no choice but to seek the dissolution of Parliament.

Prior to this, both PN and PH have both stressed that they are against the elections to be held during the year-end flood season.

“Based on publicly available information, I verily believe that it cannot be in the best interest of the nation for the request to have been made for the conduct of general elections in 2022 in light of the impending floods,” said Santiago in the affidavit.

Representing Santiago in his suit is lawyer Surendra Ananth.

Case management of the suit will be heard by high court judge Datuk Ahmad Kamal Md Shahid on October 20. – The Vibes, October 12, 2022