KUALA LUMPUR – The high court was told today that the suit filed by Charles Santiago, who has been Klang MP since 2008, to defer the upcoming general election (GE15) is no longer valid as the Election Commission (EC) has set November 19 as the polling date.
According to Utusan Malaysia, Tan Sri Zulkefli Ahmad Makinudin, the lawyer representing the government, said Santiago’s suit is “academic” as the EC had also set November 5 as nomination day.
Zulkefli, who is representing caretaker prime minister Datuk Seri Ismail Sabri Yaakob, the EC, and another party, had also filed for Santiago’s suit to be nullified by the court on grounds that it was the prerogative of the Yang di-Pertuan Agong to declare the dissolution of Parliament.
He said Agong’s declaration was non-justiciable and could not be disputed in the courts.
Zulkefli also said the King has special powers on dissolution in line with Article 40(2)(b) and Article 55(2) of the federal constitution.
“The declaration and dissolution of Parliament is the Yang di-Pertuan Agong’s discretion under the federal constitution, and the judiciary as the guardian of justice must uphold the principles of the constitution,” he was quoted as saying.
On October 12, Santiago filed an injunction to stop the election, citing the rainy season and floods.
The summons was filed at the Kuala Lumpur High Court, with Ismail Sabri, the Malaysian government, and the EC named as respondents.
Santiago is seeking a declaration that the declaration of dissolution contravenes Article 40(1) of the 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 Article 40 (1)
According to the FMT, Santiago’s lawyer Malik Imtiaz Sarwar told the court that the case challenged the validity of Ismail Sabri’s move to seek consent for the dissolution and not Agong’s prerogative.
Malik argued that Ismail Sabri did not consult the cabinet on the dissolution, referring to public statements made by the ministers involved, adding that the country's flood situation has worsened since the announcement of the dissolution.
Meanwhile, Santiago when contacted told The Vibes that the case is still being heard by justice Datuk Ahmad Kamal Md Shahid.
Earlier this afternoon, the EC said GE15 and state elections for Perlis, Pahang, and Perak will be held on November 19.
Nomination day is fixed for November 5, EC chairman Tan Sri Abdul Ghani Salleh told a press conference after a special meeting of the elections governing body.
This means the campaign period will last 14 days and that early voting will be held on November 15.
The Bugaya state seat in Sabah, which fell vacant in November 2020, will also hold its by-election concurrently on November 19, Ghani added. – The Vibes, November 20, 2022
