Suit to halt GE15 dismissed, Santiago to appeal

 

Two suits against the holding of a general election, brought by a former MP and a voter, have been dismissed by the High Court.

PETALING JAYA: Former Klang MP Charles Santiago says he has instructed his lawyers to file an appeal against a High Court decision to dismiss a suit he had filed to halt the coming general election.

Justice Ahmad Kamal Md Shahid had ruled that the suit was non-justiciable and could not be entertained by a court of law. He had also dismissed a similar suit by a voter in the Pandan constituency challenging the dissolution of Parliament.

Santiago had sought a declaration that Prime Minister Ismail Sabri Yaakob’s request for the dissolution of Parliament contravened the constitution as the request was not made on the advice of the Cabinet.

However, the judge said the prime minister was not bound by the Cabinet’s advice and he did not need the Cabinet’s approval to advise the Yang di-Pertuan Agong to dissolve Parliament.

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Santiago was ordered to pay RM20,000 in costs.

He said he would appeal against the decision, which he said placed too much power in the prime minister. He also said citizens should not be imposed with costs for bringing matters of public interest to the courts.

In the Pandan case, a voter, Syed Iskandar Syed Jaafar, sought leave to apply for a judicial review to stop the Election Commission from holding the general election.

Kamal said the application was frivolous and not sustainable even if leave was granted as the dissolution of Parliament was a matter between the legislative and executive arms of the government. “With caution, it should not be entertained by the judiciary,” he said - FMT