The Federal Court has set Jan 5 next year to hear two applications for leave to appeal against the 15th general election (GE15) from being conducted this year.
The hearing date is well after the national polls, set to be held this Saturday.
When contacted, senior federal counsel Shamsul Bolhassan confirmed the hearing dates involving leave applications by incumbent Klang MP Charles Santiago and Pandan voter Syed Iskandar Syed Jaafar.
Shamsul is acting for the three respondents targeted by the appeals, namely caretaker prime minister Ismail Sabri Yaakob, Election Commission (EC) and the federal government.
Charles’ application is over a lower court’s dismissal of his originating summons, while Syed Iskandar’s was over the same lower court’s dismissal of his judicial review leave application.
Back on Oct 28, the High Court in Kuala Lumpur threw out both legal bids on grounds, among others, that the issue of dissolution of Parliament is not a matter that the judiciary has jurisdiction to hear, as per the Federal Constitution.
On Nov 15, the Court of Appeal also dismissed the duo’s appeals, citing that the power of the Yang di-Pertuan Agong in the dissolution of Parliament is non-justiciable (something the courts have no power to hear).
Charles and Syed Iskandar then filed their applications for leave to appeal to the apex court.
Via his originating summons, Charles claimed that Ismail Sabri’s royal advice for the dissolution of Parliament was invalid under the Federal Constitution, as it bypassed prior discussion with the cabinet.
Through his judicial review leave application, Syed Iskandar, 55, contended that Ismail Sabri abused his power of advising the Agong to dissolve Parliament by allegedly failing to consider the interest and welfare of poorer Malaysians who may be affected by the monsoon season when voting.
Counsel Malik Imtiaz Sarwar and Gopal Sri Ram are representing Charles and Syed Iskandar, respectively. - Mkini
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