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Monday, October 25, 2021

Nov 8 court hearing on ex-CM's bid to challenge Malacca assembly dissolution

Former Malacca chief minister Adly Zahari’s judicial review leave application to invalidate the state assembly's dissolution will come up for court hearing on Nov 8.

The incumbent Bukit Katil assemblyperson’s lawyer, Razlan Hadri today confirmed the date set by the Kuala Lumpur High Court.

“We have just extracted (from the court) the sealed copies of the judicial review leave application, and the listed hearing date is Nov 8 before High Court judge Noorin Badaruddin.

“We will serve the sealed cause papers on the respondents tomorrow,” the legal practitioner told Malaysiakini.

On Friday last week, Adly (abovefiled the legal challenge against the state assembly's dissolution, naming four respondents:

  1. Caretaker Malacca chief minister Sulaiman Md Ali
  2. State assembly speaker Ab Rauf Yusoh
  3. The Election Commission (EC)
  4. Malacca governor Mohd Ali Rustam

On Oct 4, four assemblypersons led by Umno's Sungai Udang representative Idris Haron, announced their decision to withdraw support for then Malacca chief minister Sulaiman.

The other three were Nor Azman Hassan (Umno-Pantai Kundor), Noor Effandi Ahmad (Bersatu-Telok Mas), and Norhizam Hassan Baktee (Independent-Pengkalan Batu).

Following the collapse of the state's Perikatan Nasional (PN) administration, Ali decided to dissolve the state assembly, paving the way for a state election on Nov 20.

The judicial review is targeting the validity of Sulaiman’s advice to Ali for the state assembly to be dissolved.

Adly seeks several declarations, among them that it was illegal and null and void for Ali, on or around Oct 4, to dissolve the Malacca 14th legislative assembly pursuant to Article 19(2) of the state constitution, due to Sulaiman having allegedly ceased to command the confidence of the majority of the 28 assemblypersons, prior to the advice.

He seeks declarations that Sulaiman’s advice to Ali on or around Oct 4 to dissolve the Malacca state legislature, was null and void due to being done not only in mala fide (in bad faith), but also unreasonable and irrational due to the ongoing Covid-19 situation.

Adly also seeks an order of certiorari to quash the EC’s order issued on Oct 18, for the holding of the Malacca state elections. - Mkini

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