If leave is granted, there is a possibility that the judicial review regarding the Sabah legislative assembly's dissolution will be deliberated by the Kota Kinabalu High Court tomorrow itself.
The applicants' counsel Tengku Fuad Ahmad after the clarification hearing on submissions on Monday (Aug 17) said judicial commissioner Leonard David Shim had indicated that the judicial review would be heard straightaway if leave is granted, whether the applicants request for a stay of proclamation or not.
Tengku Fuad is the counsel for former Sabah chief minister Musa Aman and 32 other assemblypersons who are applying for the judicial review on the proclamation by the Yang Dipertua Negeri to dissolve the Sabah state assembly.
He had also indicated that a stay on the proclamation would be requested immediately if leave is granted.
However, what will happen in the event that the leave is not granted? In this scenario, a Sabah lawyer, Roger Chin said the applicants could still make an appeal.
"Moreover, the applicants can request for a certificate of urgency when they file for an appeal (if the application for judicial review is dismissed).
"The certificate of urgency allows for their appeal to be heard as early as possible, possibly within a week," he said.
Speaking to Bernama when contacted, he also said if no stay is granted then everything can go on including the election.
Tomorrow, the Kota Kinabalu High Court is to rule whether the decision of the Sabah Yang Dipertua Negeri Juhar Mahiruddin to dissolve the state legislative assembly on July 30 is justiciable.
The applicants have named Juhar as the first respondent, Sabah Chief Minister Mohd Shafie Apdal as the second respondent, the Election Commission as the third respondent and the government of Sabah as the fourth respondent.
The EC had also set polling day on Sept 26, while nomination day is on Sept 12 and early voting will be held on Sept 22. - Bernama
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