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Monday, November 8, 2021

Nov 10 for verdict on legal challenge against Malacca state assembly dissolution

 


Former Malacca chief minister Adly Zahari will know on Nov 10 whether he obtains court leave to proceed with a legal bid to reverse the dissolution of the state legislative assembly last month.

The Kuala Lumpur High Court today set the decision date for his application for leave to commence with judicial review against the decision to dissolve the Malacca state assembly.

Judge Noorin Badaruddin set the verdict date after having heard submissions from Adly’s counsel Razlan Hadri and senior federal counsel S Narkunavathy.

Narkunavathy represents the four respondents in the matter, namely former Malacca chief minister Sulaiman Md Ali, former state assembly speaker Ab Rauf Yusoh, the Election Commission (EC), and Malacca Governor Mohd Ali Rustam.

Today is the nomination day for the upcoming state polls set for Nov 20. Adly is the candidate for the Asahan state seat on a Pakatan Harapan ticket.

On Oct 22, Adly (abovefiled the judicial review leave application to invalidate the state assembly's dissolution.

Today was set for hearing before Noorin on the politician’s application for leave to proceed with the judicial review.

Validity of Sulaiman’s advice

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

The other three were Nor Azman Hassan, Noor Effandi Ahmad, and Norhizam Hassan Baktee. The trio were then assemblypersons for Pantai Kundor, Telok Mas, and Pengkalan Batu respectively.

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 was 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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