The Federal Court did not grant leave to two applications for appeal against the 15th general election (GE15) from being conducted late last year, labelling the actions as “academic”.
A three-person panel chaired by Judge P Nallini this morning unanimously denied the appeal leave applications by former Klang MP Charles Santiago and Pandan voter Syed Iskandar Syed Jaafar.
The other member judges were Vernon Ong Lam Kiat and Mary Lim Thiam Suan.
In a brief ruling during online proceedings today, Nallini allowed the preliminary objections raised by the government’s legal representative that the two legal actions were rendered academic following GE15 being held and a new government was in place now.
“The questions of law (proposed for the appeals) are academic and the requirements under Section 96 of the Courts of Judicature Act have not been met.
“For this reason, we are constrained to allow the preliminary objection and dismiss (the applications for leave to appeal). No order to costs,” she ruled.
Today was fixed to hear Charles’ application 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 last year, the High Court in Kuala Lumpur threw out both legal bids on grounds, among others, that the issue of dissolution of Parliament was 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.
The three respondents targeted by the two appeals are former prime minister Ismail Sabri Yaakob, Election Commission (EC) and the federal government.
Via his originating summons, Charles claimed that Ismail Sabri’s royal advice for the dissolution of Parliament last year 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.
The three respondents are represented by senior federal counsel Shamsul Bolhassan, Ahmad Hanir Hambaly @ Arwi, Low Wen Zhen, and Liew Horng Bin, as well as counsel Mohd Hafarizam Harun and Zulkefli Ahmad Makinuddin. - Mkini
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