The Court of Appeal today dismissed an application by a Pandan voter for an injunction order to stop the Election Commission (EC) from holding the 15th general election (GE15) pending the outcome of his appeal.
A three-member panel, comprising judges Vazeer Alam Mydin Meera, M Gunalan and Mariana Yahya, in dismissing the application by Syed Iskandar Syed Jaafar, ruled that the applicant failed to establish the requirements under Section 44 of the Courts of Judicature Act 1964 for the court to grant the injunction.
He said the issue that Syed Iskandar's appeal would be rendered nugatory without the injunction order did not arise as the appeal hearing before the Court of Appeal had been set on Nov 14, which is five days before polling day as set by the EC.
The panel also dismissed Syed Iskandar's application for a stay order against a High Court decision, delivered last Oct 28, in dismissing his application for leave to commence a judicial review against the EC’s decision in holding GE15 pending the outcome of his appeal.
"There was no order or judgment entered against the applicant (Syed Iskandar) in directing the applicant nor the respondents (caretaker prime minister Ismail Sabri Yaakob, the EC chairperson and the government) from carrying out any acts," said Vazeer Alam, adding that there was no purpose for the court to grant a stay.
In delivering the court's decision, Vazeer Alam said Syed Iskandar's challenge was to nullify the entire process leading to the holding of the general election and to reinstate the 14th Parliament.
"The applicant sought to challenge the request by the prime minister to the Yang di-Pertuan Agong on grounds that it was tainted and improper in law.
“By that challenge, the applicant sought to quash the decision of the Yang di-Pertuan Agong to dissolve Parliament and to stop the general election from being held," he said.
In the notice of motion, Syed Iskandar sought an injunction to restrain the EC chairperson or his employees, representatives and agents, from holding GE15 and to maintain the status quo of the Parliament.
‘Non-justiciable’
Last Oct 28, the High Court in Kuala Lumpur dismissed Syed Iskandar’s application for leave to commence judicial review proceedings on the EC’s decision in calling for GE15 after ruling that the dissolution of Parliament was non-justiciable.
High Court judge Ahmad Kamal Md Shahid said Syed Iskandar's challenge was a matter within the executive or legislature's exclusive sphere and should not be entertained by the judiciary.
Syed Iskandar filed the application for leave to commence a judicial review last Oct 14, naming the EC chairperson, Ismail Sabri and the government as respondents.
He sought several court orders, including a declaration that Ismail Sabri's request to the Yang di-Pertuan Agong last Oct 9 for Parliament's dissolution was null and void.
His appeal, as well as the appeal by incumbent Klang MP Charles Santiago, was scheduled to be heard by the Court of Appeal on Nov 14.
Charles' lawsuit to stop the EC from conducting GE15 was dismissed by the same High Court judge on the same day.
In today's proceeding, which was conducted online, Syed Iskandar was represented by lawyers Gopal Sri Ram, R Kenghadaran, Yasmeen Soh Sha-Nisse and Athanasia Yolanda, while senior federal counsel Shamsul Bolhassan, Ahmad Hanir Hambaly@Arwi and federal counsel M Kogilambigai appeared for the respondents.
- Bernama
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