KUALA LUMPUR: Attorney-General (AG) Idrus Harun has objected to a voter’s application for leave to commence judicial review proceedings to stop the Election Commission (EC) from holding the 15th general election.
In the application filed last week, Syed Iskandar Syed Jaafar al-Mahdzar named caretaker Prime Minister Ismail Sabri Yaakob, the EC chairman and the government as respondents.
Objecting to the application, senior federal counsel Shamsul Bolhassan, who represented the AG, said today that none of the respondents made the decision to dissolve Parliament.
“On this ground alone, the application for leave to commence judicial review should be dismissed,” he said during submissions before justice Ahmad Kamal Md Shahid in the High Court here.
As guardian of public interest, he said, the AG had the right to be heard on whether he supports or objects to the hearing of the case on its merits.
Shamsul said it was the Yang di-Pertuan Agong who, at the request of the prime minister, used his discretion to determine whether to dissolve Parliament.
“It was the King who was the ultimate decision-maker and not the prime minister,” he said.
He said that, as a result, the matter was not justiciable and, therefore, not subject to review by the court.
“The King cannot be liable in any court proceedings in respect of his official functions, and it is not the court’s function to decide on matters involving the dissolution of Parliament,” he said.
Shamsul said Syed Iskandar, a lawyer by profession, had also failed to establish his locus standi to bring this action.
“He has not shown how his legal rights were adversely affected. He has every right to vote when the election is conducted,” he said.
He also said the applicant was actually seeking an injunction to stop the government or its officers from performing their functions, which was prohibited by law.
Lawyer Gopal Sri Ram, who appeared for Syed Iskandar, submitted that his client was only challenging Ismail’s request for the King to dissolve the Dewan Rakyat which had paved the way for a general election.
He said Ismail’s action was unreasonable as he had taken into account irrelevant considerations when making the request to the King.
He acknowledged that the King, in his official capacity, was immune to legal action but said the real decision-maker was the prime minister and his Cabinet.
“We are only challenging the validity of Ismail’s request. We are not challenging the King’s power to dissolve Parliament,” he said.
Sri Ram said the UK’s highest court had in 2020 ruled that it could hear a complaint when its then prime minister Boris Johnson advised the late Queen to prorogue its Parliament.
“In our case, the court is also entitled to hear a complaint with regard to Ismail’s request to dissolve the Dewan Rakyat,” he said.
He said Syed Iskandar had sufficient legal standing to bring the action. He also said the calling for elections by the prime minister was an unreasonable act and had not been done in good faith.
Sri Ram also submitted to the court that the remedy sought was not by its nature an injunction.
Kamal will deliver his ruling on Oct 28.
Syed Iskandar, who is a voter in the Pandan parliamentary constituency, is seeking a declaration that the request by Ismail, which was made to the King on Oct 9, is null and void and of no effect.
He said Ismail was wrong to rely on Articles 40(2)(b) and 55(2) of the Federal Constitution to end the term of the Dewan Rakyat.
He wants a writ of prohibition to stop the EC chairman and his servants or agents from taking steps to conduct GE15.
On Oct 10, Ismail announced that Parliament had been dissolved, paving the way for elections to be held within 60 days. EC announced today that GE15 will take place on Nov 19.
Syed Iskandar, who filed an affidavit in support of the application, said Ismail acted in breach of his fiduciary duties as he had failed to consider the welfare and interests of the poorer segments of the voting public.
He said Ismail failed to consider the impact of potential floods. Instead, he said, the caretaker prime minister only considered the interests of Umno president Ahmad Zahid Hamidi, who is facing criminal charges. - FMT
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.