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 / 2d

PM deeply moved remembering Zainol Afiq flying him during GE15 (video)

Malaysia / 3mth

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

Malaysia / 3mth

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

Malaysia / 3mth

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

Malaysia / 5mth

Anwar successfully strikes out Waytha Moorthy's suit

Malaysia / 6mth

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

Spotlight

Malaysia

Only frame left after Porsche catches fire along LPT1

Malaysia

Steven Sim helps busker raise RM100k for wife's cancer treatment

Malaysia

Selangor declares Oct 25 public holiday for Sultan’s Silver Jubilee

Malaysia

Anwar: Sabah, Sarawak to get higher parliamentary representation under MA63

World

25 years after 9/11, America still lives with the consequences

Malaysia

Najib’s pardon application deferred

By Alfian Z.M. Tahir

World

Magnitude 4.1 tremor hits southern Lebanon after Israeli blasts target Hezbollah tunnels

Education

UiTM probes alleged sale of hostel room placements at Puncak Alam

By Alfian Z.M. Tahir

Malaysia

Documents reveal British royal charity attempted to ‘doctor’ evidence in SLAPP action

Malaysia

MMA asks why FDS aircraft cannot match those used by ministers

Malaysia

Penang-born woman dies in Perth after alleged domestic violence assault

You may be interested

Malaysia

Fuel subsidies or cash aid? Nik Nazmi poll fuels debate

By Alfian Z.M. Tahir

Malaysia

Pardons Board meeting puts Najib Razak's house arrest bid under scrutiny

Malaysia

RCI TH: MACC to charge former minister on Monday

Malaysia

Syabu accounts for 70% of drugs smuggled into Malaysia through Thailand

Malaysia

Man held after social media claim he solicited alms while carrying parang

Malaysia

No ventilator, no sleep: Doctor recalls keeping critically ill baby alive on helicopter (video)

By Alfian Z.M. Tahir

Malaysia

Helicopter crash: All FDS operations in Sarawak temporarily suspended - Minister

Malaysia

Fahmi: 65,280 scam, illegal gambling posts still online despite MCMC takedown requests